What standard must an employee demonstrate to establish compensability for a psychiatric injury?

• A. Preponderance
• B. Clear and convincing
• C. Beyond a reasonable doubt
• D. Probable cause

Answer: (A)

In California workers’ compensation (including SIP contexts), claims are proven by a preponderance of the evidence. For a psychiatric injury, that means the employee must show it is more likely than not that the injury arose out of and occurred in the course of employment, supported by medical evidence linking the condition to the work event or work-related stressors. This is the civil standard used across these claims, not the criminal standards.

The other standards don’t apply here. Beyond a reasonable doubt is the standard used in criminal cases and is far higher than what workers’ comp requires. Clear and convincing is a heightened civil standard used in specific, limited contexts, not generally for workers’ comp compensability. Probable cause is not a formal standard of proof in this civil injury context.