(a) The amount of an attorney’s fee for defending an insurance carrier in a workers’ compensation action brought under this subtitle must be approved by the division or court and determined by the division or court to be reasonable and necessary.
(b) In determining whether a fee is reasonable under this section, the division or court shall consider issues analogous to those listed under § 408.221(d). The defense counsel shall present written evidence to the division or court relating to:
(1) the time spent and expenses incurred in defending the case; and
(2) other evidence considered necessary by the division or court in making a determination under this section.

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Terms Used In Texas Labor Code 408.222

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005