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 August 21, 2001, the record closed on August 28, 2001. The hearing officer determined that the Texas Workers’ Compensation Commission’s (Commission) Order for Attorney Fees dated May 15, 2001, was improper to the extent it approved 1.0 hour, instead of 0.50 hour, for the initial interview; and that the Commission’s Order for Attorney Fees dated May 16, 2001, was proper. The appellant (claimant) appealed, asserting that many of the services provided were unnecessary. The respondent (attorney) urges affirmance. The carrier did not file a response.
DECISION
We affirm.
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 disputed several of the fees assessed by his attorney, asserting that the corresponding services were unnecessary to the extent that they did not directly lead to an award of income benefits. The claimant’s attorney provided testimony justifying each of the disputed fees. In view of the attorney’s testimony, the hearing officer could find that the attorney’s fees were reasonable and necessary, with the exception of one-half hour for the initial interview. We cannot conclude that the hearing officer abused her discretion by not approving a lesser amount of attorney’s fees.
The hearing officer’s decision and order are affirmed.
Elaine M. Chaney – Appeals Judge
CONCUR:
Thomas A. Knapp – Appeals Judge
Michael B. McShane – Appeals Judge