This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A hearing officer issued an Order for Attorney’s Fees (Order) Sequence No. 77 on May 14, 2015, granting 5.60 hours of attorney’s fees at $200.00 an hour for a total attorney fee request of $1,120.00. The appellant (carrier) appealed the granting of attorney’s fees which were submitted for travel time and attendance at a benefit review conference (BRC) held on September 10, 2013.
The carrier contends that the time requested for travel to and attendance at a BRC held on September 10, 2013, had already been requested and approved in a separate attorney’s fee order (Sequence No. 60, dated December 11, 2014). Further, the carrier contends that a BRC was not held in this case on September 10, 2013, but rather was held on September 9, 2013. Neither respondent 1 (claimant) nor respondent 2 (atty) responded.
DECISION
Reversed and remanded.
The Texas Department of Insurance, Division of Workers’ Compensation (Division) Order for Sequence No. 77, dated May 14, 2015, grants attorney’s fees to the claimant’s attorney for travel time and attendance at a BRC held on September 10, 2013.The standard for review in an attorney’s fees case is abuse of discretion. Appeals Panel Decision (APD) 061189, decided July 24, 2006. This case involves a claimant’s attorney’s fees in a supplemental income benefits dispute. See Section 408.147(c) and 28 TEX. ADMIN. CODE § 152.1(f) (Rule 152.1(f)).
Division records indicate that a BRC was held in Corpus Christi, Texas, on September 9, 2013, and lasted 45 minutes. Division records do not indicate that a BRC was held in this case on September 10, 2013. Additionally, the carrier attached to its appeal, a Order for Sequence No. 60 dated December 11, 2014, which reflects that the same attorney previously requested time for travel time to and attendance at a BRC on September 10, 2013, which was approved by a hearing officer. Given the discrepancy between the date of the BRC reflected in Division records and the date of service requested for attendance and travel to the BRC by the claimant’s attorney and the duplication of requested fees as reflected in the Order for Sequence No. 60, we remand the Order to the hearing officer for a hearing regarding these requested fees.
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 Division, pursuant to Section 410.202 which was amended June 17, 2001, to exclude Saturdays and Sundays and holidays listed in Section 662.003 of the Texas Government Code in the computation of the 15-day appeal and response periods. See APD 060721, decided June 12, 2006.
The true corporate name of the insurance carrier is NEW HAMPSHIRE INSURANCE COMPANY and the name and address of its registered agent for service of process is
CORPORATION SERVICE COMPANY
211 EAST 7TH STREET, SUITE 620
AUSTIN, TEXAS 78701-3218.
Margaret L. Turner – Appeals Judge
CONCUR:
Veronica L. Ruberto – Appeals Judge
Carisa Space-Beam – Appeals Judge