Adan

Everado Obispo Adan appeals from the judgment entered after a jury convicted him of workers’ compensation fraud. (Ins. Code, § 1871.4, subd. (a)(1).) We affirm and hold, among other things, that the medical experts’ testimony to establish that Adan falsified his symptoms does not violate Penal Code section 29, which prohibits an expert from testifying whether a defendant has the required mental state to commit the crime charged.

Facts

In August 1995, Adan’s employer terminated his employment. Three days later, Adan claimed that he had injured his back at work. In August Adan began receiving workers’ compensation benefits.

In September 1995 Adan told Jorge Reyes, a former coworker, that Adan had claimed to have been hurt at work, but in fact “there was nothing wrong with him.” Adan said he was waiting “for a big check to go to Mexico and to live very well there.” Adan tried to persuade Reyes to see Adan’s lawyer and file a workers’ compensation claim, but Reyes refused.

Based on the report of a physician who had examined Adan, the State Compensation Insurance Fund (SCIF) determined that he was permanently disabled and entitled to weekly benefits of $207.42.

Dr.…