82R1037 RWG-D
	By: Smithee	H.B. No. 3362

	A BILL TO BE ENTITLED
	AN ACT
	relating to the appointment of an attorney for a workers'
	compensation claimant in certain proceedings initiated by a
	workers' compensation insurance carrier.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter G, Chapter 410, Labor Code, is
	amended by adding Section 410.309 to read as follows:
	Sec. 410.309.  APPOINTMENT OF ATTORNEY FOR CLAIMANT IN
	PROCEEDING INITIATED BY INSURANCE CARRIER.  (a)  In a trial
	initiated by an insurance carrier under this subchapter, at the
	request of the claimant the court shall appoint an attorney to
	represent the claimant before the court.  The court may hold a
	pretrial hearing to determine whether the claimant has made a good
	faith effort to obtain representation by an attorney before the
	appointment of an attorney.
	(b)  The insurance carrier is liable for the attorney's
	reasonable and necessary fees as determined by the jury in the case,
	or by the trial judge when a jury is not requested, in accordance
	with Section 408.221(c) on any issue on which the claimant
	prevails.
	(c)  The subsequent injury fund is liable for the attorney's
	reasonable and necessary fees as determined by the jury in the case,
	or by the trial judge when a jury is not requested, in accordance
	with Section 408.221(c-1) on any issue on which the insurance
	carrier prevails.
	SECTION 2.  Section 408.221, Labor Code, is amended by
	amending Subsections (b) and (i) and adding Subsection (c-1) to
	read as follows:
	(b)  Except as otherwise provided, an attorney's fee under
	this section is based on the attorney's time and expenses according
	to written evidence presented to the division or court. Except as
	provided by Subsection (c) or (c-1) or Section 408.147(c), the
	attorney's fee shall be paid from the claimant's recovery.
	(c-1)  In a judicial review proceeding initiated by an
	insurance carrier under Subchapter G, Chapter 410, in which the
	court has appointed an attorney for the claimant under Section
	410.309, the subsequent injury fund is liable for the attorney's
	reasonable and necessary fees as provided by Subsection (d) on any
	issue on which the insurance carrier prevails. If the insurance
	carrier appeals multiple issues and the insurance carrier prevails
	on some, but not all, of the issues appealed, the court shall
	apportion and award fees to the claimant's court-appointed attorney
	from the subsequent injury fund only for issues on which the
	insurance carrier prevails.  In making that apportionment, the
	court shall consider the factors prescribed by Subsection (d).  An
	award of attorney's fees under this subsection is not subject to
	commissioner rules adopted under Subsection (f).
	(i)  Except as provided by Subsection (c) or (c-1) or Section
	408.147(c), an attorney's fee may not exceed 25 percent of the
	claimant's recovery.
	SECTION 3.  Section 403.006(b), Labor Code, is amended to
	read as follows:
	(b)  The subsequent injury fund is liable for:
	(1)  the payment of compensation as provided by Section
	408.162;
	(2)  reimbursement of insurance carrier claims of
	overpayment of benefits made under an interlocutory order or
	decision of the commissioner as provided by this subtitle,
	consistent with the priorities established by rule by the
	commissioner;
	(3)  reimbursement of insurance carrier claims as
	provided by Sections 408.042 and 413.0141, consistent with the
	priorities established by rule by the commissioner; [and]
	(4)  the reimbursement of an insurance carrier as
	provided by Section 408.0041(f-1); and
	(5)  the payment of court-appointed attorney's fees as
	provided by Section 408.221(c-1).
	SECTION 4.  The change in law made by this Act applies only
	to a proceeding initiated under Subchapter G, Chapter 410, Labor
	Code, on or after the effective date of this Act. A proceeding
	initiated before that date is governed by the law in effect on the
	date the proceeding was initiated, and the former law is continued
	in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2011.