(Download) "Hagberg v. City of Pasadena" by Virginia Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Hagberg v. City of Pasadena
- Author : Virginia Supreme Court
- Release Date : January 15, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
John D. Hagberg appeals the trial courts order denying his attorneys fees incurred in defending this suit, which was filed by the City of Pasadena and sought to overturn a Texas Workers Compensation Commission ("TWCC") determination in Hagbergs favor. After the suit had been pending for almost one year, the City moved for and was granted a non-suit. The trial court also denied Hagbergs request for attorneys fees by a separate order. In a single issue on appeal, Hagberg contends that the trial court erred by not awarding attorneys fees because the Texas Workers Compensation Act ("the Act") makes an award of fees mandatory for a claimant who prevails on an issue appealed by the insurance carrier. See Tex. Lab. Code Ann. ร§ 408.221(c) (Vernon 2006). We conclude that the trial court erred by denying Hagbergs request for attorneys fees because Hagberg was the prevailing party under section 408.221 of the Act. See id. Accordingly, we reverse and remand.