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 November 30, 2001. The hearing officer signed a Texas Workers’ Compensation Commission (Commission) Order for Attorney’s Fees on December 21, 2001, approving all requested attorney’s fees for the carrier’s attorney except for .8 hours at $125.00 an hour for $100.00. The appellant (carrier) appealed the denial of the .8 hours. There is no response from the respondent (claimant) in the file.
DECISION
Reversed and remanded.
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 November 30, 2001, for “Attend Proceeding” with one entry for 2.0 hours approved manually and the other entry for .8 hours disapproved for “Multiple Reasons.” There is no entry in the hearing officer’s log text indicating why the .8 hours were denied. We have previously stated that “multiple reasons” is not a sufficient explanation for denial of attorney’s fees. Texas Workers’ Compensation Commission Appeal No. 950988, decided August 4, 1995. We have stated that this notation is “unacceptable and does not allow a meaningful review.” We must therefore reverse the Commission’s order in regard to the .8 hours denied for “multiple reasons,” and remand the matter back to the hearing officer for further explanation as to why the .8 hours were denied.
Pending resolution of the remand, a final decision has not been made in this case. However, since reversal and remand necessitate the issuance of a new decision and order by the hearing officer, a party who wishes to appeal from such new decision must file a request for review not later than 15 days after the date on which such new decision is received from the Commission’s Division of Hearings, pursuant to Section 410.202, which was amended June 17, 2001, to exclude Saturdays, Sundays, and holidays listed in the Texas Government Code in the computation of the 15-day appeal and response periods.
Accordingly, the hearing officer’s order is reversed and remanded.
The true corporate name of the insurance carrier is TEXAS HOSPITAL INSURANCE EXCHANGE and the name and address of its registered agent for service of process is
ROBERT DION, PRESIDENT/CEO
TEXAS HOSPITAL INSURANCE EXCHANGE
800 AIRPORT FREEWAY, SUITE 1012
IRVING, TEXAS 75062
Gary L. Kilgore – Appeals Judge
CONCUR:
Elaine M. Chaney – Appeals Judge
Edward Vilano – Appeals Judge