Hatton v. Highlands Insurance Co.

McKAY, Justice.

This is an appeal from the trial court’s refusal to hear testimony on a motion for new trial based upon alleged jury misconduct in a worker’s compensation case. We reverse and remand with instructions.

Appellee Highlands Insurance Company (Highlands) filed suit to set aside an Industrial Accident Board’s award in favor of appellant Bryan Edwin Hatton (Hatton). Hatton answered and filed a counterclaim alleging he sustained total and permanent incapacity from an automobile wreck in the *788course and scope of his employment with Delta Drilling Company, Highlands’ insured. Hatton…