Workers’ Compensation

Ca. Workers' Comp. Quarterly Vol. 35, No. 3, 2022

Know Your Burden



Disclaimer: The views and the opinions expressed in this article are the author’s own and do not represent the position of the Department of Industrial Relations, the Division of Workers’ Compensation, the Workers’ Compensation Appeals Board or any judge within the DIR or DWC. This article is not intended to be used as legal advice, and each case or circumstance is unique. The outcome of every case is dependent on its own set of facts.

Being on the bench gives judges a unique perspective on litigating workers’ compensation cases. We become both observers of and participants in an action but never entirely one or the other. Each party is vying to persuade the judge of their position’s relative merit. In court, that translates to putting on the best case possible. The winning party is invariably the one that knows the strengths and weaknesses of both their case and their opponent’s. A significant part of that is understanding the burden of proof, knowing who carries it and understanding when it is or is not met.

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