ATTORNEY FEES / VENUE
Mandatory Venue For Attorney Fee Only Disputes Is In Travis County District Court And Must Be Filed Within 30 Days, Not 40 Days
In re Hartford Underwriters Insurance Company, 2005 Tex.App.Lexis 5124 (Tex.App.-Eastland 2005)
The Texas Workers’ Compensation Commission awarded attorney fees to a beneficiary and The Carrier Hartford appealed. The TWCC Appeals Panel reversed that decision and the beneficiary filed for judicial review in the county that the claimant lived in on the date of injury. Hartford sought a transfer of venue pursuant to Texas Government Code 2001.176. Tex. Labor Code §410.255 states that all issues other than those covered under §410.301 shall be conducted in accordance with Tex. Gov’t Code ch. 2001, which contains a 30 day statute of limitations and mandatory venue in Travis County district court.
The court determined that a TWCC AP decision dealing only with attorney fees is not a decision regarding compensability or eligibility for or the amount of income or death benefits. Therefore, the case is subject to the Tex. Gov’t Code ch. 2001 provisions.
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