Relating to the appointment of an attorney for a workers' compensation claimant in certain proceedings.
Impact
The amendments proposed in HB 3362 enhance the rights of claimants seeking compensation from insurance carriers. By instituting a requirement for the appointment of an attorney upon request, the bill aims to level the playing field for claimants who may be at a disadvantage due to the complexities of legal proceedings against insurance companies. Additionally, the subsequent injury fund is held liable for covering reasonable attorney fees for claimants in successful cases, which could alleviate the financial burden on injured workers seeking representation.
Summary
House Bill 3362 is focused on the appointment of attorneys for workers' compensation claimants in certain judicial proceedings in Texas. The bill amends specific sections of the Labor Code, specifically regarding how attorneys' fees are handled in cases involving insurance carriers. Under the bill, courts are mandated to appoint attorneys for claimants who request legal representation, particularly in proceedings initiated by insurance carriers. This is aimed at ensuring that claimants have adequate legal support during contentious legal disputes.
Contention
Noteworthy points of contention may arise around how the bill impacts the costs associated with legal representation in workers' compensation cases. Insurance companies might express concerns over increased costs resulting from mandatory attorney appointments and subsequent fee obligations. Moreover, there may be discussions about whether the standard set for appointing attorneys—namely, the requirement for claimants to demonstrate a good faith effort in finding representation—can effectively balance the interests of both claimants and insurance carriers without creating further procedural burdens.
Identical
Relating to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.
Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to the enforcement of certain election laws by district attorneys, criminal district attorneys, and county attorneys; providing a civil penalty.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.
Relating to the appointment of an attorney for a workers' compensation claimant in certain judicial review proceedings initiated by a workers' compensation insurance carrier.
Relating to the appointment of an attorney for a workers' compensation claimant in certain proceedings initiated by a workers' compensation insurance carrier.
Criminal Proceedings; the award of reasonable attorney's fees and costs in a criminal case to the defendant upon such defendant making a successful motion to disqualify the prosecuting attorney for misconduct in connection with the case; provide