Evidence: Criminal Conviction

K. Miller v. State Fund [9/20/00] 2000 MTWCC 63 Claimant's counsel wrote to Clerk of Workers' Compensation Court asserting that case should settle if claimant was found not guilty of fraud in pending criminal case. Insurance counsel's agreement in his letter to Clerk did not create binding agreement to dismiss affirmative defense of fraud. Criminal case, in any event, was dismissed and claimant was never found "not guilty" of fraud.