Title: 

APD 022302

Significant Decision

Date: 

September 30, 2002

Issues: 

Unavailable

Table of Contents

APD 022302

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 July 22, 2002. The respondent (attorney) represented the appellant (claimant) at the CCH. On August 13, 2002, the hearing officer issued a Texas Workers’ Compensation Commission Order For Attorney’s Fees, in which the hearing officer approved $1,375.00 of the $1,475.00 requested by the attorney for preparing for and attending the CCH. The claimant appeals the attorney’s fee order, contending that only three hours of attorney time should be approved. The attorney responded, requesting affirmance.

DECISION

Affirmed.

We review an order for attorney’s fees under an abuse-of-discretion standard. Texas Workers’ Compensation Commission Appeal No. 012261, decided November 13, 2001. Section 408.221 and Tex. W.C. Comm’n, 28 TEX. ADMIN. CODE Chapter 152 contain the statutory and rule provisions regarding attorney fees. Having reviewed the attorney’s fee order, the appeal, and the response, we cannot conclude that the claimant has shown that the hearing officer abused her discretion in approving the amount of fees that she approved.

The order for attorney’s fees is affirmed.

The true corporate name of the insurance carrier is UNITED STATES FIDELITY & GUARANTY COMPANY and the name and address of its registered agent for service of process is

CORPORATION SERVICE COMPANY

800 BRAZOS

AUSTIN, TEXAS 78701.

Robert W. Potts – Appeals Judge

CONCUR:

Judy L. S. Barnes – Appeals Judge

Philip F. O’Neill – Appeals Judge