The claimant, Charles M. Manbeck, appellee, filed a counterclaim seeking attorneys' fees under section 408. 221, subsection (c), of the Labor Code. §§ 410. 021-. 34 (West 2006), AISD and Manbeck proceeded to a benefits contested case hearing before a Division hearing officer. Although Manbeck was served with process shortly thereafter, he did not file an answer until after AISD sought a no-answer default judgment in January 2007. Manbeck presented three witnesses--Lee, Stewart, and McClellan--and AISD presented the testimony of its trial counsel, Ronald M. Johnson. AISD emphasized the procedural advantages that Manbeck possessed in the district court and that, unlike the typical personal injury case, Manbeck would not be required to prove damages, per se.

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