- (a) Burden of proof. The Commission has the burden of proof in hearings pursuant to the Act §§402.072, 408.0231, 411.0415, 411.049, 415.021, 415.023, 415.032 and 415.034, (except issues under §120.2(g) and (h) of this title (relating to Employer's First Report of Injury). The burden of proof rests with the party seeking relief in hearings conducted pursuant to the Act, §§408.024, 413.031, and 413.055. The burden of proof rests with the certified self-insurer in hearings conducted pursuant to the Act, §407.046 and §407.133. The burden of proof rests with the party(ies) requesting the hearing challenging the position of the staff of the Self-Insurance Division in hearings conducted pursuant to the Act, §407.066. The burden of proof of showing timely filing or good cause when an allegation of untimely filing has been made rests with the employer in issues under §120.2 of this title (relating to Employer's First Report of Injury).
- (b) Proof. Proof required to prevail at a contested case hearing shall be by a preponderance of the evidence, except in cases of appeals pursuant to §133.308 of this title (relating to Medical Dispute Resolution by Independent Review Organization) in which case the decision of the IRO shall be given presumptive weight.
Source Note:The provisions of this §148.14 adopted to be effective June 9, 2005, 30 TexReg 3237.