Sec. 408.147. CONTEST OF SUPPLEMENTAL INCOME BENEFITS BY INSURANCE CARRIER; ATTORNEY'S FEES. (a) An insurance carrier may request a benefit review conference to contest an employee's entitlement to supplemental income benefits or the amount of supplemental income benefits.
(b) If an insurance carrier fails to make a request for a benefit review conference within 10 days after the date of the expiration of the impairment income benefit period or within 10 days after receipt of the employee's statement, the insurance carrier waives the right to contest entitlement to supplemental income benefits and the amount of supplemental income benefits for that period of supplemental income benefits.
(c) If an insurance carrier disputes the commissioner's determination that an employee is entitled to supplemental income benefits or the amount of supplemental income benefits due and the employee prevails on any disputed issue, the insurance carrier is liable for reasonable and necessary attorney's fees incurred by the employee as a result of the insurance carrier's dispute and for supplemental income benefits accrued but not paid and interest on that amount, according to Section 408.064. Attorney's fees awarded under this subsection are not subject to Sections 408.221(b), (f), and (i).
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.53, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1456, Sec. 8.02, eff. June 17, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 3.121, eff. September 1, 2005.
Notes of Decisions
Twin City Fire Ins. Co. v. Vega-Garcia, 223 S.W.3d 762 (Tex. App.—Dallas 2007).
· cites it 3× “147, titled “Contest of Supplemental Income Benefits by Insurance Carrier; Attorney’s Fees,” provides that “[i]f an insurance carrier disputes the commissioner’s determination that an employee is entitled to supplemental income benefits or the amount of supplemental income…”
Guideone Ins. Co. v. Cupps, 207 S.W.3d 900 (Tex. App.—Fort Worth 2006).
· cites it 5× “See Tex. Lab.Code Ann. §§ 408.147,410.151, 415.”
Liberty Mut. Ins. Co. v. Montana, 49 S.W.3d 599 (Tex. App.—Fort Worth 2001).
· cites it 3× “Tex. Lab.Code Ann. § 408.147. The Commission Appeals Panel has construed this provision on several occasions.”
Discover Prop. & Cas. Ins. Co. v. Tate, 298 S.W.3d 249 (Tex. App.—San Antonio 2009).
· cites it 2× “due and the employee prevails on any disputed issue, the insurance carrier is liable for reasonable and necessary attorney's fees incurred by the employee as a result of the insurance carrier's dispute.”
Cruz v. Van Sickle, 452 S.W.3d 503 (Tex. App.—Dallas 2014).
“See Tex. Lab.Code Ann. §§ 408.147, .221 (West 2006).”
Dallas Nat'l Ins. Co. v. Morales, 394 S.W.3d 826 (Tex. App.—El Paso 2013).
· cites it 3× “Tex.Lab.Code Ann. § 408.147. For purposes of this case, the relevant portion of the statute provides: (c) If an insurance carrier disputes the commissioner’s determination that an employee is entitled to supplemental income benefits or the amount of supplemental income benefits…”
Hagberg v. City of Pasadena, 224 S.W.3d 477 (Tex. App.—Houston [1st Dist.] 2007).
“; see also Tex. Lab.Code Ann. § 408.147(c) (Vernon 2006).”
Hartford Underwriters Ins. Co. v. Hafley, 96 S.W.3d 469 (Tex. App.—Austin 2002).
“The Act provides that, when an insurance carrier disputes an award of SIBs, the claimant may recover attorney’s fees if “the employee prevails on any disputed issue” Tex. Lab.Code Ann. § 408.147(c) (emphasis added).”
Texas Mut. Ins. Co. v. Baker, 292 S.W.3d 798 (Tex. App.—Fort Worth 2009).
· cites it 2× “e is entitled to supplemental income benefits or the amount of supplemental income benefits due and the employee prevails on any disputed issue, the insurance carrier is liable for reasonable and necessary attorney’s fees incurred by the employee as a result of the insurance…”
Cigna Ins. Co. of Texas v. Middleton, 63 S.W.3d 901 (Tex. App.—Eastland 2001).
“Our decision was based, in part, upon the language of TEX. LAB. CODE ANN. § 408.147(c) (Vernon 1996), which provides in part: If an insurance carrier disputes a commission determination that an em *903 ployee is entitled to supplemental income benefits or the amount of…”
Am. Zurich Ins. Co. v. Samudio, 317 S.W.3d 336 (Tex. App.—Houston [1st Dist.] 2010).
“” See Tex. Lab.Code Ann. §§ 408.147(c), 408.221(c) (Vernon 2006).”
Tex. Lab. Code § 408.147(a): 1 case
Tex. Lab. Code § 408.147(c): 18 cases
Liberty Mut. Ins. Co. v. Montana, 49 S.W.3d 599 (Tex. App.—Fort Worth 2001).
“Tex. Lab.Code Ann. § 408.147. The Commission Appeals Panel has construed this provision on several occasions.”
Discover Prop. & Cas. Ins. Co. v. Tate, 298 S.W.3d 249 (Tex. App.—San Antonio 2009).
“due and the employee prevails on any disputed issue, the insurance carrier is liable for reasonable and necessary attorney's fees incurred by the employee as a result of the insurance carrier's dispute.”
Twin City Fire Ins. Co. v. Vega-Garcia, 223 S.W.3d 762 (Tex. App.—Dallas 2007).
“147, titled “Contest of Supplemental Income Benefits by Insurance Carrier; Attorney’s Fees,” provides that “[i]f an insurance carrier disputes the commissioner’s determination that an employee is entitled to supplemental income benefits or the amount of supplemental income…”
Hagberg v. City of Pasadena, 224 S.W.3d 477 (Tex. App.—Houston [1st Dist.] 2007).
“; see also Tex. Lab.Code Ann. § 408.147(c) (Vernon 2006).”
Hartford Underwriters Ins. Co. v. Hafley, 96 S.W.3d 469 (Tex. App.—Austin 2002).
“The Act provides that, when an insurance carrier disputes an award of SIBs, the claimant may recover attorney’s fees if “the employee prevails on any disputed issue” Tex. Lab.Code Ann. § 408.147(c) (emphasis added).”
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