DWC Lacks Jurisdiction to Alter Fee Award to Worker

A Texas appellate court ruled that the Division of Workers’ Compensation lacked jurisdiction to alter an attorney fee award and impose it against an insurance carrier instead of having the fees paid from an injured worker’s supplemental income benefits. The case is Law Offices of Miller & Bicklein PC v. Ace American Insurance Co., No. 03-25-00215-CV. In January 2011, Daniel Miramontes sustained a compensable workplace injury. He received an impairment rating above 15%, entitling him to claim supplemental income benefits. The burden of proof is on the worker to establish ...