Discover Property & Casualty Insurance Co. v. Tate

I respectfully dissent from the majority’s holding because I believe the Legislature intended for the determination of whether to award attorney’s fees and the amount to be awarded under section 408.221(c) of the Texas Worker’s Compensation Act to be made by the trial court, and not a jury. While the Texas Supreme Court has said the question of attorney’s fees is “generally” a question for the jury, in this instance, I believe section 408.221 directs otherwise. However, I would remand to the trial court for further proceedings because I believe a party who requests a full plenary or…