SECTION 51.65. Attorney Fees

(a) As used in this section, executive director means the executive director of the Texas Workers' Compensation Commission, or designee.

(b) Attorneys representing claimants will be authorized to receive fees and expenses only when a power of attorney, contract of employment, or other document signed by the claimant is filed with the executive director. The attorneys' fees for representing the claimant shall be specified in the power of attorney, contract of employment, or other signed document, and the fees shall not exceed 25% of the total recovery. All attorneys' fees for representing claimants shall be subject to the approval of the executive director as provided in Texas Civil Statutes, Article 8306, §7(c). When a dispute arises as to the representation of the claimant by two or more attorneys, the executive director will require a signed and dated power of attorney or employment contract from each attorney, and the attorney first retained will be deemed to be the attorney of record, unless the executive director determines that the claimant has effected a change of attorneys.

(c) Payment for representation of multiple beneficiaries with adverse claims for benefits is not allowed.

Source Note: The provisions of this §51.65 adopted to be effective June 1, 1993, 18 TexReg 3194.