28 Tex. Admin. Code § 152.1 - Attorney Fees: General Provisions
(a) To be
eligible to earn a fee, an attorney representing any party shall hold an active
license to practice law in Texas and not be currently under suspension for any
reason.
(b) An attorney may receive
a fee for representation of any party before the commission only after the
commission approves the amount of the fee. An attorney shall not receive an
amount greater than the fee approved by the commission, notwithstanding any
agreements between the parties, including retainer fee agreements.
(c) The fee approved by the commission shall
be limited to 25% of each weekly income benefit payment to the employee, up to
25% of the total income benefits allowed and shall also be based on the
attorney's time and expenses, subject to the guidelines and standards set forth
in the Texas Workers' Compensation Act (the Act) and commission rules. An
attorney's fee for representing an injured employee becomes a lien against any
unpaid income benefits due the injured employee once the carrier receives the
commission order approving the fee. The carrier must begin payment out of the
approved income benefits by mailing a check to the attorney within seven days
after receiving the commission order and thereafter whenever income benefits
are paid until the fee has been paid or income benefits cease.
(d) An attorney's fee for representing a
claimant may upon request by the attorney or carrier and approval by the
commission be commuted to a lump sum only out of a sum certain award or order
to pay benefits. This commuted fee may be discounted for present payment at the
rate provided under the Act, §401.023, and shall not exceed 25% of the unpaid
sum certain. A commuted fee shall be recouped by the carrier out of the future
income benefits paid to the represented claimant, not to exceed more than 25%
out of any single payment. The fee for representing a claimant for death
benefits cannot be commuted where the only dispute involves identification of
the proper beneficiaries.
(e) A
client who discharges an attorney does not, by that action, defeat the
attorney's right to claim a fee for services performed by that attorney prior
to discharge.
(f) An attorney for
an employee who prevails when a carrier contests a commission determination of
eligibility for supplemental income benefits shall be eligible to receive a
reasonable and necessary attorney's fee, including expenses. This fee is
payable by the carrier, not out of the employee's benefits, and the fee shall
not be limited to a maximum of 25% of the employee's recovery. All provisions
of these rules, except §
152.4 of this title (relating to
Guidelines for Legal Services Provided to Claimants and Carriers),
apply.
Notes
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