Attorney’s Fees Not Recoverable When No Party Prevails On SIB’s In Texas Workers’ Compensation Attorney’s Fees case

Texas Attorney’s Fee in Workers’ Compensation Case Not Recoverable When No Party Prevails On SIB’s
Cigna Ins. Co. Of Texas vs. Middleton, 2001 WL 1557791 (Tex.App.-Eastland)
December 6, 2001
In this Texas Workers’ Compensation Attorney’s Fees case, the court ruled that attorney fees are not to be recovered by the claimant in an impairment rating dispute. In this case, Middleton II, the parties had each appealed TWCC determinations on SIBs into district court. All of the cases were consolidated. Both parties nonsuited the SIBs issues, and the carrier appealed the trial court’s award of attorney fees to the claimant. Because the underlying SIBs issues were nonsuited, the court ruled that there was no basis to award attorney fees. Attorney fees may only be awarded to the claimant when the claimant prevails in a SIBs dispute.


Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas workers’ compensation defense lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

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