ATTORNEY FEES in Texas Workers’ Compensation Cases–Pleadings
Even In a SIBs Case, Claimant Must Specifically Plead For Fees To Invoke The Trial Court’s Jurisdiction To Render Judgment For Attorney Fees
Rodriguez v. Ysleta Independent School District,, 2001 WL 125874 (Tex.App.-El Paso)
February 15, 2001
Claimant was denied SIBs by the Hearing Officer, and that decision was affirmed by the AP. Rodriguez pursued that quarter to District Court where he prevailed. However, he did not plead for attorney fees. The judge denied his request for carrier-pay fees.
The appellate court stated that there are only two exceptions to the rule that fees are to be paid “from the Claimant’s recovery”: where an insurance carrier unsuccessfully challenges a Commission order awarding SIBs, or when suing to enforce a final order of the Commission, with which the carrier has failed to comply. Neither exception of the Act applied in this case because the Carrier won at the administrative level.
Because the statute did not expressly provide for attorney fees in this situation, those fees must have been requested in the pleadings.
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 insurance 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.