Texas 1st: Worker is Prevailing Party in Non-suit

The employee is the prevailing party in a non-suit if the employer already started the appeals process, the Texas 1st Court of Appeals ruled. The worker is entitled to attorney's fees when the employer files an appeal of a Texas Workers' Compensation Commission (TWCC) Appeals Panel decision and later non-suits, the court decided in Hagberg v. City of Pasadena, 01-05-00466-CV, 2/15/2007. John D. Hagberg was injured in the course of his employment for the city of Pasadena. He received an impairment rating of 20%, and qualified for supplimental income benefits. The city sought reconsideratio...