Current through Reg. 49, No. 12; March 22, 2024
(a) As part of the
application for attorney fees, an attorney shall submit an itemized list of
expenses incurred for the preparation and presentation of the client's case.
The date, nature, and amount of the expense shall be clearly
identified.
(b) The commission
shall allow those expenses necessary for the preparation and presentation of a
person's claim or a carrier's defense before the commission, including:
(1) travel expenses, at the rate set for
state employees by the legislature for state employees in the General
Appropriation Act, if the attorney is required to attend a benefit review
conference or hearing more than 25 miles from the attorney's office nearest to
the location of the conference or hearing;
(2) expenses necessary to present a case at a
hearing including subpoena costs, court reporter's fee, per diem witness fees
incurred, and translator's fee;
(3)
the costs of records necessary to prepare or present a claim or defense
including copies of commission files, a record check performed by the
commission, medical reports (except medical reports required to be provided by
commission rule), and copies of certificates, licenses, and decrees necessary
for perfecting a claim for death benefits;
(4) costs of long distance telephone calls
to: the client, an attorney or other representative of the other party, health
care providers, or others necessary to prepare the claim or defense;
(5) costs of collect long distance telephone
calls from the client; and
(6)
investigative services necessary to establish or dispute a claim.
(c) The commission shall not allow
as attorney expenses those expenses that are not necessary for the preparation
and presentation of a party's individual claim or defense before the
commission, including:
(1) attorney travel,
except as permitted in subsection (b)(1) of this section;
(2) overhead costs of operating a law office
including: rent, utilities, copies, fax, telecopier, postage, shipping, local
telephone calls, long distance calls to the commission, and salaries for
general office staff; and
(3)
medical reports and hospital records that commission rules require to be sent
to the claimant and carrier.
(d) An attorney's payment of out-of-pocket
expenses for items listed in subsection (b) of this section does not constitute
a loan to the client as prohibited by the Texas Workers' Compensation Act,
§10.03.
