(a) The division will consider the guidelines for legal
services outlined in subsection (c), the maximum hourly rate for legal
services in subsection (d), Labor Code, §408.221 and §408.222,
and written evidence presented to the division, when approving, partially
approving, or denying an application for attorney fees.
(b) An attorney may request, and the division may approve,
a number of hours greater than those allowed by the guidelines for
legal services if the attorney demonstrates to the satisfaction of
the division that the higher fee was justified based on the circumstances
of the specific claim and Labor Code, §408.221 and §408.222.
(c) The guidelines for legal services provided to claimants
and insurance carriers are as follows:
Attached Graphic
(d) The maximum hourly rate for legal services shall
be as follows. Hourly rate:
(1) attorney--$200; and
(2) legal assistant (not to include hours for general
office staff)--$65.
(e) Each attorney must bill for hours using that attorney's
state bar card number.
(f) This section is effective January 30, 2017.
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