Texas House Bill HB699

Texas 2009 - 81st Regular

Caption

Relating to the appointment of an attorney for a workers' compensation claimant in certain judicial review proceedings initiated by a workers' compensation insurance carrier.

Impact

The passage of HB 699 would significantly alter how legal assistance is provided to workers' compensation claimants. By mandating court appointments of attorneys, it seeks to improve access to legal support for individuals who might otherwise struggle to afford representation. This change is particularly aimed at leveling the playing field between claimants and insurance carriers, which often have substantial legal resources at their disposal.

Summary

House Bill 699 addresses the appointment of attorneys for workers' compensation claimants specifically in judicial review proceedings initiated by insurance carriers. The bill stipulates that, at the request of the claimant, the court must appoint an attorney if it determines that the claimant has made a good faith effort to hire an attorney but is unable to do so. This legislative move aims to ensure that claimants have adequate legal representation when navigating the complexities of judicial review related to their workers' compensation claims.

Contention

One of the notable points of contention surrounding HB 699 relates to the financial responsibilities of the insurance carriers. The bill establishes that the insurance carrier is liable for the reasonable and necessary attorney's fees incurred by the claimant if the claimant prevails on issues in the judicial review. Critics might argue about the implications of this requirement on insurance premiums or the potential for increased litigation. Further discussions could focus on whether this bill adequately protects claimant rights while ensuring that insurance carriers are not unduly burdened.