Legal Opinion

Texas Employers' Insurance Ass'n v. Smith

Court of Appeals of Texas

Decided November 21, 1985No. 09-84-360 CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

BURGESS, Justice.

This is a dispute over attorney’s fees in a worker’s compensation case. In a jury trial, Tommy Ray Smith was found to have suffered an on-the-job injury which resulted in a period of total incapacity arid permanent, partial disability. The jury failed to find that manifest hardship would result if the compensation was not paid in a lump sum. Mr. Smith’s attorneys sought their fees in a lump sum. The trial court entered a judgment awarding future compensation in the amount of $60,170.97, The judge then allowed recovery of attorney’s fees of 25 percent or $15,042.74. He…

2Cases cited4 opinions

  1. Texas Employers Insurance Association v. MotleyTexas Supreme Court · 1973
  2. United States Fire Insurance Co. v. AlvarezCourt of Appeals of Texas · 1983
  3. AMERICAN STATES INS. CO. OF TEXAS v. CaddellCourt of Appeals of Texas · 1982
  4. Sunbelt Insurance Co. v. ChildressCourt of Appeals of Texas · 1982

3Cited by1 opinion

  1. Gibeau v. Kollsman Instrument Co.Alaska Supreme Court · 1995

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