TX 8th: Nonsuit Entitles Worker to Fees

The Eighth District of the Texas Court of Appeals ruled that an employee is entitled to attorney's fees when a lawsuit brought by a carrier is disposed of by nonsuit. In Pacific Employers Ins. Co. v. Torres, No. 08-05-00086-CV, 08/25/2005, Pacific Employers' Insurance Co. (Pacific) filed a petition in civil court contesting a Texas Workers' Compensation Commission (TWCC) Appeals Panel decision and suing Severiano Torres, the injured employee. Torres filed a general denial and a claim for attorneys' fees. Three weeks before trial, Pacific filed a notice of nonsuit and dismissed all claims ...