Cal. Codes » Labor Code / DIVISION 4. WORKERS' COMPENSATION AND INSURANCE / PART 1. SCOPE AND OPERATION / CHAPTER 1. General Provisions
California Codes

Cal. Labor Code § 3202.5 (2026)

General Provisions — Scope And Operation

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All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence in order that all parties are considered equal before the law. “Preponderance of the evidence” means that evidence that, when weighed with that opposed to it, has more convincing force and the greater probability of truth. When weighing the evidence, the test is not the relative number of witnesses, but the relative convincing force of the evidence.

Notes of Decisions
Cited in 19 cases, 1984–2016 · leading case: Cnty. of Los Angeles v. State of California, 729 P.2d 202 (Cal. 1987).
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Cnty. of Los Angeles v. State of California, 729 P.2d 202 (Cal. 1987). · cites it 2× “The basis for this ruling was the failure of the board to make adequate findings on the possible impact of changes in the burden of proof in some workers' compensation proceedings (Lab. Code, § 3202.5); a limitation on an injured worker's right to sue his employer under the…”
Lantz v. Workers' Comp. Appeals Bd., 226 Cal. App. 4th 298 (Cal. Ct. App. 2014). · cites it 2× “) The distinction between statutory construction and reviewing the evidence was clearly part of the Legislature’s thinking when, in 1982, it enacted Labor Code section 3202.5. As originally enacted, Labor Code section 3202.”
Wehr v. Workers' Comp. Appeals Bd., 165 Cal. App. 3d 188 (Cal. Ct. App. 1985). · cites it 4× “There is no evidence of decedent’s being exposed to any large amount of chemicals that would cause this kind of liver damage and death.”
LaTourette v. Workers' Comp. Appeals Bd., 951 P.2d 1184 (Cal. 1998). · cites it 2× “” (Lab. Code, § 3202.5.) We have previously summarized the requirements of Labor Code section 3600 as follows: “To be compensable, an injury must ‘aris[e] out of and [be] in the course of the employment.”
Power v. Workers' Comp. Appeals Bd., 179 Cal. App. 3d 775 (Cal. Ct. App. 1986). · cites it 2× “” (Lab. Code, § 3202.5, italics added.) Here the Board properly weighed the medical evidence on the issues of whether applicant had sustained a psychiatric injury, and, if so, whether *784 such injury was caused by his work.”
Beverly Hills Multispecialty Grp., Inc. v. Workers' Comp. Appeals Bd., 26 Cal. App. 4th 789 (Cal. Ct. App. 1994). “18 Effective April 3, 1993, Labor Code section 3202.5 was amended to provide that a lien claimant also must meet its evidentiary burden of proof by a preponderance of the evidence that the statutory rule of liberal construction does not assist the lien claimant in meeting its…”
Crawford v. Workers' Comp. Appeals Bd., 213 Cal. App. 3d 156 (Cal. Ct. App. 1989). “(Lab. Code, §§ 3202.5, 5705.) As above indicated, the allegations of the accusation do not show a statute of limitations defense.”
Villa v. Workers' Comp. Appeals Bd., 156 Cal. App. 3d 1076 (Cal. Ct. App. 1984). “(Lab. Code, §§ 3202.5, 5705; California State Polytechnic University v.”
Hinkle v. Workers' Comp. Appeals Bd., 175 Cal. App. 3d 587 (Cal. Ct. App. 1985). “His injuries were thus not in the course of his employment and applicant has no entitlement to benefits.”
PM & R Assocs. v. Workers' Comp. Appeals Bd., 80 Cal. App. 4th 357 (Cal. Ct. App. 2000). “2d 734 ]; Lab. Code, § 3202.5.) Such proof includes whether PM & R complied with the provisions of Business and Professions Code section 2069 and the attendant regulations governing medical assistants.”
Ai Zhen Huang v. L.A. Haute, 106 Cal. App. 4th 284 (Cal. Ct. App. 2003). “” (Lab. Code, § 3202.5.) 9 Huang also contends the trial court erred in refusing to admit three items of evidence: Huang’s medical records showing she told her doctor in May 1999 she was injured cleaning a window at work, and her medical bills, as circumstantial evidence of her…”
California Ins. Guarantee Ass'n v. Workers' Comp. Appeals Bd., 136 Cal. App. 4th 1528 (Cal. Ct. App. 2006). “(Lab. Code, §§ 3202.5, 5705; Cal. Workers’ Compensation Practice (Cont.”
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