Texas Workers' Compensation

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§ 150.2. Qualification and Authorization of Attorney To Practice before the Commission

(a) An attorney who represents any party before the commission shall be licensed to practice law by the State Bar of Texas in order to receive an attorney’s fee.

(b) An attorney who represents a claimant for benefits shall notify the commission in writing within 10 days of undertaking the representation of the party. The written notice shall identify the attorney and the claimant and the injured employee (if different from the claimant).

(c) An attorney may be disqualified, after a hearing under the Texas Workers’ Compensation Act (the Act), § 10.33, from representing any party before the commission for the following activities:

(1) knowingly charging a claimant a fee in excess of that allowed by the commission;

(2) knowingly assisting any person in making a false or misleading statement, misrepresenting or concealing a material fact, and/or fabricating, altering, concealing, or destroying a document, in order to claim benefits;

(3) knowingly assisting any person in making a false or misleading statement, misrepresenting or concealing a material fact, and/or fabricating, altering, concealing, or destroying a document, in order to defeat a claim for benefits;

(4) for engaging in conduct described in the Act, § 10.07(a)(1)-(10) or (b)(1)-(23), whether or not an administrative violation is assessed; or

(5) being suspended or disbarred by the State Bar of Texas.

(d) An attorney who is disqualified may apply to the commission for reinstatement, no sooner than the expiration of the term of disqualification. However, an attorney who has been disbarred by the State Bar of Texas cannot apply for reinstatement to practice before the commission unless the State Bar of Texas certifies that the attorney has had the license to practice law reinstated.

The provisions of this § 150.2 adopted to be effective March 7, 1991, 16 TexReg 1197.

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At a Glance:

Title:

§ 150.2. Qualification and Authorization of Attorney To Practice before the Commission

Title:

Title 28. Insurance

Status:

Current

Usage:

New Law Rule

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