2024 Texas Statutes
Labor Code
Title 5 - Workers' Compensation
Subtitle A - Texas Workers' Compensation Act
Chapter 408 - Workers' Compensation Benefits
Subchapter L. Attorney's Fees in Workers' Compensation Benefit Matters
Section 408.222. Attorney's Fees Paid to Defense Counsel
Sec. 408.222. ATTORNEY'S FEES PAID TO DEFENSE COUNSEL. (a) The amount of an attorney's fee for defending an insurance carrier in a workers' compensation action brought under this subtitle must be approved by the division or court and determined by the division or court to be reasonable and necessary.
(b) In determining whether a fee is reasonable under this section, the division or court shall consider issues analogous to those listed under Section 408.221(d). The defense counsel shall present written evidence to the division or court relating to:
(1) the time spent and expenses incurred in defending the case; and
(2) other evidence considered necessary by the division or court in making a determination under this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 8.03, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.133, eff. September 1, 2005.
