Participation Of Attorneys In Workers’ Compensation Lawsuit–Texas Workers’ Compensation Attorneys

Participation Of Attorneys In Workers’ Compensation Claims
TWCC v. Texas Builders’ Insurance Company, 1999 WL 394876 (Tex. App. – Austin) June 17, 1999
A Texas workers’ compensation claimant sought compensation for on-the-job injuries and was successful before the TWCC. TBIC filed suit and when Guerro failed to answer, TBIC was given a no-answer default judgment. The TWCC then denied TBIC’s claim for reimbursement from the Subsequent Injury Fund because the modification of the Appeals Panel order came as a result of a default judgment rather than a trial on the merits. The trial court determined that the TBIC was entitled to reimbursement.
The Austin Court of Appeals affirmed and discussed the language of Section 410.205(c), the applicable provision in this case. The Court also discussed the fact that the Legislature has addressed the situation in this case by enacting Section 410.257(e).
With respect to attorneys and attorney fees, the Court reiterated language from the Garcia case concerning participation of attorneys in workers’ compensation cases.


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 attorneys 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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