1. (a) To claim a fee, an attorney representing any party shall submit Form TWCC-152, Application and Order for Attorney's Fees with time, hourly rate, and expenses itemized separately for the attorney and for any legal assistant. Additional justification, described in §152.4 of this title (relating to Guidelines for Legal Services Provided to Claimants and Carriers), must be attached to the application form for any fee which exceeds the guideline. The commission may also require additional justification for fees which do not exceed the guideline. A copy of the form shall be sent simultaneously to the attorney's client.
2. (b) The commission shall review each fee application submitted. If the application is for actual time and expenses which are reasonable given the circumstances of the specific claim and which are equal to or less than those allowed by the guideline established in §152.4 of this title, the commission may approve the application, and, if approved, shall issue an order for payment. If the fee application is for more than the guidelines allow, the commission shall issue an order to pay the fees which are reasonable given the circumstances of the specific claim and which are adequately justified in writing with any necessary supporting documentation. The commission shall deny any portion of the fee which exceeds the guideline and which is not adequately justified.
3. (c) The aggregate attorney fee for representing a claimant shall not exceed 25% of the claimant's recovery. The commission shall apportion the fee between attorneys when more than one attorney claims a fee for representing the same party. The commission shall consider each claim based upon the factors and guidelines outlined in the Act and these rules.
4. (d) Except as provided in subsection (e) of this section, an attorney, claimant, or carrier who contests the fee fixed and approved by the commission shall request a benefit contested case hearing. The request shall be made by personal delivery or first class mail and be filed with the commission field office handling the claim or the central office of the commission no later than the 15th day after receipt of the commission's order. A claimant may request a hearing by contacting the commission in any manner no later than the 15th day after receipt of the commission's order. The contesting party other than a claimant shall send a copy of the request by personal delivery or first class mail to the carrier and the other parties, including the claimant and attorney.
5. (e) An attorney, claimant, or carrier who contests the fee ordered by a hearing officer after a benefit contested case hearing shall request review by the appeals panel pursuant to the provisions of §143.3 of this title (relating to Requesting the Appeals Panel To Review the Decision of the Hearing Officer).
6. (f) The commission's order to pay attorney fees is binding during the pendency of a contest or an appeal of the order. Notice of a contest or an appeal shall not relieve the carrier of the obligation to pay according to the commission order.
7. (g) If an attorney has been paid more than authorized by the final order of the commission, the commission shall order that the excessive amount be reimbursed.
8. (h) If the final order of the commission or a court requires an attorney to reimburse funds, the reimbursement shall be made no later than 15 days after receipt of the final order by mailing or personally delivering a check as directed by the commission or a court.

Source Note:The provisions of this §152.3 adopted to be effective February 22, 1991, 16 TexReg 774; amended to be effective June 1, 1992, 17 TexReg 3251; amended to be effective October 1, 1992, 17 TexReg 6365; amended to be effective April 20, 1994, 19 TexReg 2547.