Tate sought workers' compensation benefits from Discover, his employer's insurance carrier. Discover appealed to an appeals panel of the Texas Department of Insurance, Division of Workers' Compensation ("DWC"). Discover also asserts that Tate is not entitled to recover attorney's fees incurred "in pursuit of fees. "Discover argues it was entitled to a jury trial on Tate's claim for attorney's fees, particularly as to the amount of "reasonable and necessary" fees. Discover argues that Tate is not entitled to recover attorney's fees for pursuing recovery of his attorney's fees because the statute does not expressly authorize such fees.

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