(a) Preponderance of the Evidence Standard

To prove by a preponderance of the evidence means to prove that something is more likely so than not so. In other words, a preponderance of the evidence means such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in your minds a belief that it is more likely true than not true.

In determining whether a party has met the burden of proof you should consider the quality of all of the evidence regardless of who called the witness or introduced the exhibit and regardless of the number of witnesses which one party or the other may have produced.

If you believe that the evidence is evenly balanced on an issue, then your finding on that issue must be against the party who has the burden of proving it.

c. MPJI 30:1 – Entitlement- Generally

An employee who sustains an accidental injury arising out of and in the course of employment may receive worker’s compensation benefits, without regard to whose fault caused the injury.

d. MPJI 30:2 – Entitlement- Acceleration or Aggravation of Existing Condition

An employee may receive worker’s compensation benefits, even if the accidental injury only worsens or hastens a condition which existed before the injury.

A. Plaintiff’s Proposed Verdict Form:

Did the employee, suffer an accidental injury, on the date in question, in the course and scope of his employment with the Defendant Construction Company ?

YES_______ NO________