Attorney General of the State v. Johnson

OPINION

FARRIS, Justice.

The Attorney General appeals a judgment awarding Johnson attorney’s fees and court costs pursuant to TEX.CIV.PRAC. & REM.CODE ANN. Ch. 105 (Vernon 1986), which permits the recovery of litigation expenses when a State agency asserts a cause of action that a court finds to be frivolous, unreasonable, or without foundation.

The Attorney General alleged Johnson fraudulently concealed her employment in order to recover worker’s compensation benefits and sought a judgment ordering Johnson to repay benefits she had received for her worker’s compensation claim. The jury found…