Uninsured Employers' Fund: Burden of Proof

UEF v. Keith Grant [4/23/04] 2004 MTWCC 38 Where an employer disputes the decision of the Uninsured Employers' Fund accepting liability for a claim, the employer bears both the burden of producing evidence and the burden of persuasion with respect to the non-compensability of the claim. The Workers' Compensation Court decision in Garcia v. Uninsured Employers' Fund, 1998 MTWCC 53 regarding burden of persuasion is overruled.