HBA-CCH H.B. 1324 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1324
By: Brimer
Business & Industry
2/28/2001
Introduced



BACKGROUND AND PURPOSE 

Current law allows an injured worker and an insurance company to appeal in
a court of law the final decision of the  Texas Workers' Compensation
Commission (TWCC) regarding the injured worker's benefits.  However,
current law does not require an insurance company to pay for the injured
worker's attorney's fees even when the worker prevails in the case.  House
Bill 1324 authorizes a court to order the insurance company to pay for
reasonable attorney's fees of a worker who prevails in the case of an
insurance company's appeal of TWCC's final decision. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.  

ANALYSIS

House Bill 1324 amends the Labor Code to provide that an insurance carrier
that seeks judicial review of a final decision of a Texas Workers'
Compensation Commission (TWCC) appeals panel regarding compensability or
eligibility for income or death benefits is liable for reasonable and
necessary attorney's fees incurred by the claimant as a result of the
insurance carrier's appeal, if the claimant prevails in any issue on which
judicial review is sought.  This provision does not apply to attorney's
fees for which an insurance carrier may be liable when an employee prevails
in a dispute against the insurance carrier regarding supplemental income
benefits.  The bill provides that an award of attorney's fees is not
subject to rules adopted by TWCC regarding maximum attorney's fees.   

EFFECTIVE DATE

September 1, 2001.