The Trial Court May Order a Lump Sum Payment of the Attorney’s Fee Even Though the Claimant Is Receiving Weekly Compensation Payments
Beck, E. Link
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The Texas Supreme Court in Texas Employers’ Insurance Association v. Motley held that the trial court has discretion to grant a lump sum payment of attorney’s fees even though the claimant is awarded compensation in weekly installments. The author examines a variety of problems arising from Motley concerning the Workmen’s Compensation Act, but asserts these problems are merely transitional and can be alleviated after initial adjustments are made. The author suggests Motley will results in a financial benefit for the attorney and increased protection for the claimant under the Texas Workmen’s Compensation Act where the latter receives attorney fees as a lump sum, even though achieved at a cost to the employers and consumers of the state.