2.3 Standard of Proof

Subsection 335(3) of the MRCA provides that the reasonable satisfaction (balance of probability) standard of proof applies to determining any claim for incapacity payments. The delegate needs to determine on the balance of probabilities that a person is incapacitated for service or work by virtue of their service injury or disease i.e. the contention must be demonstrated to be 'more likely than not'. The same standard of proof is applicable under the SRCA.