83R9460 KKR-F
By: Lucio S.B. No. 1550
A BILL TO BE ENTITLED
AN ACT
relating to the amount and payment of attorney's fees in certain
workers' compensation cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 408.221, Labor Code, is amended by
amending Subsections (b) and (i) and adding Subsection (c-1) to
read as follows:
(b) Except as otherwise provided, an attorney's fee under
this section is based on the attorney's time and expenses according
to written evidence presented to the division or court. Except as
provided by Subsection (c) or (c-1) or Section 408.147(c), the
attorney's fee shall be paid from the claimant's recovery.
(c-1) If a claimant prevails on judicial review of a medical
necessity dispute under Subchapter C, Chapter 413, the insurance
carrier is liable for reasonable and necessary attorney's fees
incurred by the injured employee during judicial review. If the
claimant appeals multiple issues and prevails on some, but not all,
of the issues appealed, the court shall apportion and award fees to
the claimant's attorney only for the issues on which the claimant
prevails. In making that apportionment, the court shall consider
the factors prescribed by Subsection (d). An award of attorney's
fees under this subsection is not subject to commissioner rules
adopted under Subsection (f).
(i) Except as provided by Subsection (c) or (c-1) or Section
408.147(c), an attorney's fee may not exceed 25 percent of the
claimant's recovery.
SECTION 2. The change in law made by this Act applies only
to a claim for workers' compensation benefits based on a
compensable injury that occurs on or after the effective date of
this Act. A claim based on a compensable injury that occurs before
the effective date of this Act is governed by the law in effect on
the date the compensable injury occurred, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.