(a) To claim a fee, an attorney representing any party
must submit to the division a complete and accurate application for
attorney fees in the form and manner prescribed by the division.
(b) An application for attorney fees must include:
(1) each attorney's name and bar card number;
(2) the law firm name, phone number, and mailing address;
(3) the injured employee's name, date of injury, and
DWC claim number;
(4) the beneficiary's name, type, contact information,
and social security number, if applicable;
(5) the dates of legal service;
(6) the hourly rate and number of hours for each attorney
and legal assistant providing legal services;
(7) an itemized list of each legal service performed
and expense incurred representing the claimant or insurance carrier
that identifies the attorney or legal assistant who provided the service,
the date the service was provided, and the hours or amount requested;
(8) a certification that every statement, numerical
figure, and calculation in the application for attorney fees submitted
to the division is within the attorney's personal knowledge, is true
and correct, and represents services, charges, and expenses provided
by the attorney or a legal assistant under the attorney's supervision;
and
(9) additional case-specific justification for any
fee that exceeds the guidelines for legal services.
(c) The division may approve, partially approve, or
deny an application for attorney fees based on the division's determination
of whether the requested time and expenses are reasonable according
to the guidelines for legal services and maximum hourly rate established
in §152.4 of this title, Labor Code §408.221 and §408.222,
and written evidence presented to the division. The division will
issue an order approving, partially approving, or denying an application
for attorney fees. Submission of an application requesting fees for
the same services or expenses addressed in any previous application
is prohibited. Attorneys are subject to review for compliance with
commissioner rules, the Act, and other laws under Labor Code Chapter
414. An order approving, partially approving, or denying an application
for attorney fees does not limit the commissioner's authority to enforce
a sanction, administrative penalty, or other remedy authorized by
the Act. At any time an attorney whose application is found to contain
false or inaccurate information may be referred to enforcement or
other authorities, including licensing agencies, district and county
attorneys, or the attorney general for investigation and appropriate
proceedings.
(d) To contest a division order approving, partially
approving, or denying an application for attorney fees, an attorney,
claimant, or insurance carrier must request a contested case hearing
through the dispute resolution process outlined in Chapters 140 -
144 of this title. A request must be submitted by personal delivery,
first class mail, or facsimile to the division no later than the 20th
day after receipt of the division's order. A claimant may request
a hearing by contacting the division in any manner no later than the
20th day after receipt of the division's order. A contesting party
other than a claimant must send a copy of the request by personal
delivery, first class mail, or electronic transmission to the insurance
carrier and the other parties, including the claimant and attorney,
on the same day the request is submitted to the division.
(e) After a contested case hearing under subsection
(d) of this section, an attorney, claimant, or insurance carrier must
request review by the appeals panel pursuant to the provisions of §143.3
of this title (Requesting the Appeals Panel To Review the Decision
of the Administrative Law Judge) to contest the division order approving,
partially approving, or denying an application for attorney fees.
(f) The division's order approving, partially approving,
or denying an application for attorney fees is binding during the
pendency of a contest or an appeal of the order. Notice of a contest
or an appeal does not relieve the insurance carrier of the obligation
to pay attorney fees according to the division order.
(g) Following a contested case hearing or appeals panel
review of an order approving, partially approving, or denying an application
for attorney fees under subsection (d) or subsection (e) of this section,
the division will issue a final order or decision. If the final order
or decision of the division requires an attorney to reimburse funds,
the reimbursement must be made no later than the 15th day after receipt
of the final order or decision.
(h) This section is effective January 30, 2017.
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