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.
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