Fort Worth–Attorney’s Fees in Texas Workers’ Compensation Subrogation Law–Awarded to Claimant’s Attorney From State’s Recovery

In Subrogation/Awarded Claimant’s Attorney From State of Texas Recovery
Texas Depart Of Transportation v. Wilson 1998 WL 784033 (Tex.App.-Fort Worth) Nov. 12, 1998
Wilson, a TXDOT employee, was involved in an auto accident with King. Wilson’s attorney, Wood, filed suit against King for negligence and King’s Carrier settled the lawsuit for $75,000. The Attorney General then intervened to collect its $70,000 subrogation lien. The Trial Court relied on Section 417.003 and distributed over $20,000 in attorney fees to Wood.
The Court of Appeals for Fort Worth affirmed. The State is treated as an insurance carrier for workers’ compensation purposes. The Attorney General complained that, under Section 417.003(a), a private attorney must be retained by a state agency before he can receive payment. The Court responded, however, that under Section 417.003(c), the Court can apportion part of the insurance carrier’s subrogration recovery as attorney fees for the employee’s attorney and attorney fees for the insurance carrier’s attorney if the carrier’s attorney actively participated in obtaining the subrogration recovery. Here, the Attorney General was awarded some fees and the Court deemed that those fees were earned by representing the Attorney General and that Wood’s fees were earned while representing Wilson.


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 subrogation 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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