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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount and payment of attorney's fees in certain |
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workers' compensation cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 408.221, Labor Code, is amended by |
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amending Subsections (b) and (i) and adding Subsection (c-1) to |
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read as follows: |
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(b) Except as otherwise provided, an attorney's fee under |
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this section is based on the attorney's time and expenses according |
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to written evidence presented to the division or court. Except as |
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provided by Subsection (c) or (c-1) or Section 408.147(c), the |
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attorney's fee shall be paid from the claimant's recovery. |
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(c-1) If a claimant prevails on judicial review of a medical |
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necessity dispute under Subchapter C, Chapter 413, the insurance |
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carrier is liable for reasonable and necessary attorney's fees |
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incurred by the injured employee during judicial review. If the |
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claimant appeals multiple issues and prevails on some, but not all, |
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of the issues appealed, the court shall apportion and award fees to |
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the claimant's attorney only for the issues on which the claimant |
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prevails. In making that apportionment, the court shall consider |
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the factors prescribed by Subsection (d). An award of attorney's |
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fees under this subsection is not subject to commissioner rules |
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adopted under Subsection (f). |
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(i) Except as provided by Subsection (c) or (c-1) or Section |
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408.147(c), an attorney's fee may not exceed 25 percent of the |
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claimant's recovery. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim for workers' compensation benefits based on a |
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compensable injury that occurs on or after the effective date of |
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this Act. A claim based on a compensable injury that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the compensable injury occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |