Simons v. State Compensation Mutual Insurance Fund

The State Compensation Mutual Insurance Fund (State Fund) appeals the decision of the Workers’ Compensation Court which found in favor of claimant. Claimant cross-appeals the denial of attorney fees, costs and a 20% penalty. We affirm.

The issues presented for our review are:

1. Did the Workers’ Compensation Court err in excluding a previously undisclosed surveillance tape from evidence at trial?

2. Did the Workers’ Compensation Court err in giving greater weight to the testimony of the treating physician than to the testimony of the State Fund’s expert?

3. Did the Workers’ Compensation Court err…