| 1 | 1 | | 83R9460 KKR-F |
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| 2 | 2 | | By: Smithee H.B. No. 2787 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount and payment of attorney's fees in certain |
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| 8 | 8 | | workers' compensation cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 408.221, Labor Code, is amended by |
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| 11 | 11 | | amending Subsections (b) and (i) and adding Subsection (c-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) Except as otherwise provided, an attorney's fee under |
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| 14 | 14 | | this section is based on the attorney's time and expenses according |
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| 15 | 15 | | to written evidence presented to the division or court. Except as |
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| 16 | 16 | | provided by Subsection (c) or (c-1) or Section 408.147(c), the |
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| 17 | 17 | | attorney's fee shall be paid from the claimant's recovery. |
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| 18 | 18 | | (c-1) If a claimant prevails on judicial review of a medical |
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| 19 | 19 | | necessity dispute under Subchapter C, Chapter 413, the insurance |
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| 20 | 20 | | carrier is liable for reasonable and necessary attorney's fees |
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| 21 | 21 | | incurred by the injured employee during judicial review. If the |
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| 22 | 22 | | claimant appeals multiple issues and prevails on some, but not all, |
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| 23 | 23 | | of the issues appealed, the court shall apportion and award fees to |
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| 24 | 24 | | the claimant's attorney only for the issues on which the claimant |
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| 25 | 25 | | prevails. In making that apportionment, the court shall consider |
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| 26 | 26 | | the factors prescribed by Subsection (d). An award of attorney's |
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| 27 | 27 | | fees under this subsection is not subject to commissioner rules |
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| 28 | 28 | | adopted under Subsection (f). |
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| 29 | 29 | | (i) Except as provided by Subsection (c) or (c-1) or Section |
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| 30 | 30 | | 408.147(c), an attorney's fee may not exceed 25 percent of the |
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| 31 | 31 | | claimant's recovery. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to a claim for workers' compensation benefits based on a |
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| 34 | 34 | | compensable injury that occurs on or after the effective date of |
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| 35 | 35 | | this Act. A claim based on a compensable injury that occurs before |
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| 36 | 36 | | the effective date of this Act is governed by the law in effect on |
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| 37 | 37 | | the date the compensable injury occurred, and the former law is |
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| 38 | 38 | | continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2013. |
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