This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on July 11, 2001. The hearing officer signed a Texas Workers’ Compensation Commission (Commission) Order for Attorney’s Fees on October 19, 2001, approving all requested attorney’s fees for the carrier’s attorney except for 2.3 hours at $125.00 an hour for $287.50.
The carrier’s attorney (appellant), by facsimile transmission, requested “a Benefits Contested Case Hearing regarding the above referenced matter regarding the issue of attorney’s fees.” No responses were filed by the claimant or the carrier.
DECISION
Affirmed.
We review attorney fee cases under an abuse of discretion standard. Texas Workers’ Compensation Commission Appeal No. 951196, decided August 28, 1995. In this case, the itemized listing of attorney’s fees has two entries for September 1, 2001, for “Prepare for Proceeding” with one entry for 2.4 hours approved manually and the other entry for 2.3 hours disapproved. There is no justification text or explanation why there are two entries listing the same action on the same day with only slightly different times. Under these circumstances we cannot say that the hearing officer abused her discretion in disapproving the smaller amount of those two entries.
Accordingly, the hearing officer’s order is affirmed.
Thomas A. Knapp – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Susan M. Kelley – Appeals Judge