PJC General Negligence 2024

W ORKERS ’ C OMPENSATION —A TTORNEY ’ S F EES

PJC 27.1

PJC 27.1

Claimant’s Attorney’s Fees—Question

QUESTION ______ Find the reasonable and necessary attorney’s fees incurred by Paul Payne as a result of the insurance carrier’s appeal from the decision of the Texas Depart ment of Insurance, Division of Workers’ Compensation. 1. For representation in the trial court: Answer: _______________ 2. For representation through appeal to the court of appeals: Answer: _______________ 3. For representation at the petition for review stage in the Supreme Court of Texas: Answer: _______________ 4. For representation at the merits briefing stage in the Supreme Court of Texas: Answer: _______________ 5. For representation through oral argument and the completion of proceedings in the Supreme Court of Texas: Answer: _______________ COMMENT When to use. PJC 27.1 should be used if the insurance carrier sought judicial review of a final decision of the appeals panel regarding compensability or eligibility for, or the amount of, income or death benefits and the claimant offers evidence of the reasonableness and necessity of such fees. Only the applicable elements should be submitted. Burden of proof. The burden of proof should be placed on the plaintiff. See Tex. Lab. Code §408.221; Transcontinental Insurance Co. v. Crump , 330 S.W.3d 211, 231–32 (Tex. 2010). Source of question and instruction. PJC 27.1 is based on Tex. Lab. Code § 408.221 and Crump , 330 S.W.3d at 231–32. In Crump , the court held that a carrier is entitled to submit the disputed issue of the reasonableness and necessity of a claim-

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