Title: 

APD 041246

Significant Decision

Date: 

July 19, 2004

Issues: 

Fee Amount Ordered Paid, Fee Amount Requested

Table of Contents

APD 041246

This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing (CCH) was held on April 26, 2004. The hearing officer resolved the disputed issue by deciding that the attorney’s fee award was not excessive and that the Texas Workers’ Compensation Commission Orders for Attorney’s Fees dated February 17, 18, and 19, 2004, are affirmed. The appellant (claimant) appealed, arguing that his attorney had already been paid in full. There is no response in the appeal file from either respondent 1 (claimant’s attorney), or respondent 2 (self-insured).

DECISION

Affirmed.

We review attorney’s fee decisions under an abuse-of-discretion standard. Texas Workers’ Compensation Commission Appeal No. 91010, decided September 4, 1991. The claimant testified that he was dissatisfied with the legal services provided by his attorney and argued both at the CCH and on appeal that his attorney had already been paid in full and that the amount the attorney was to be paid was limited by contract. The claimant’s attorney provided documentation of the services performed. The hearing officer specifically found that 19.25 hours of attorney time was reasonable, necessary, and performed and that 2.40 hours of paralegal time was reasonable, necessary, and performed, and concluded that attorney’s fees in the amount of $3007.50 are reasonable and necessary, and that the attorney’s fee award was not excessive. In view of the evidence presented, the hearing officer could find that the attorney’s fees for services were reasonable and necessary. We conclude that the hearing officer did not abuse his discretion by approving attorney’s fees in the amount of $622.50, $1,422.50, and $962.50.

We affirm the decision and order of the hearing officer.

The true corporate name of the insurance carrier is (a certified self-insured) and the name and address of its registered agent for service of process is

CT CORPORATION SYSTEM

350 NORTH ST. PAUL STREET

DALLAS, TEXAS 75201.

Margaret L. Turner – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Edward Vilano – Appeals Judge