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Travelers Indemnity Company of Connecticut v. Mayfield5/31/1996
On Petition for Writ of Mandamus
Argued April 17, 1996
Chief Justice Phillips delivered the opinion of the Court, in which Justice Gonzalez, Justice Hecht, Justice Enoch, Justice Owen, and Justice Abbott joined.
Justice Baker filed a dissenting opinion, in which Justice Cornyn and Justice Spector joined.
In the workers' compensation suit underlying this original mandamus proceeding, the trial court appointed an attorney to represent the claimant, ordering the carrier to pay opposing counsel's fees as the case progressed. While not challenging the appointment itself, the carrier contends that the trial court abused its discretion and caused irreparable harm by requiring it to pay for the claimant's attorney. Because we agree, we conditionally grant the writ of mandamus.
I.
Real party in interest Allene Reed, a 49 year-old office administrator, suffered a slip and fall at work while moving file boxes. Reed contends that she struck her head on the floor during the fall, aggravating a pre-existing medical condition referred to as "syrinx condition and symptomatic, previously compensated hydrocephalus" ("hydrocephalus"). While the record does not contain a lay definition of this condition, it apparently involves abnormal fluid levels in the cranium.
Travelers Indemnity Company of Connecticut, the workers' compensation carrier for Reed's employer, denied that Reed's hydrocephalus, if it existed at all, was caused by or aggravated by her fall. After a benefit review conference failed to resolve this issue, the parties proceeded to a contested case hearing. See Tex. Lab. Code 410.151. Reed was not represented by counsel at this hearing, although she was assisted by a Workers' Compensation Commission ombudsman. See id. Section(s) 409.041.
The hearing officer ruled in favor of Reed, concluding that she suffered from pre-existing hydrocephalus aggravated by her on-the-job injury. The hearing officer further found that Reed had not yet reached maximum medical improvement, rejecting the contrary conclusion of the designated doctor. Accordingly, the hearing officer ordered Travelers to pay temporary income benefits to Reed until she reached maximum medical improvement or no longer suffered from a disability, as well as medical benefits associated with Reed's condition. The record does not disclose the amount of the temporary income benefits, which are paid weekly at a rate based on the claimant's average weekly wage. See Tex. Lab. Code Section(s) 408.103. Travelers was apparently still paying these weekly benefits at the time of the trial court proceedings which form the basis of this complaint.
Travelers appealed to a Commission appeals panel, which affirmed the hearing officer's decision. Reed again represented herself in this administrative appeal, apparently without assistance from an ombudsman.
Travelers then filed suit in district court for judicial review of the Commission's decision. See Tex. Lab. Code Section(s) 410.251. Reed, appearing pro se, filed an answer and a counterclaim seeking "weekly indemnity benefits for 401 weeks from June 9, 1993; all medical expenses, costs of court and general relief." A short time later, she filed a motion asking the court to appoint an attorney for her, to be paid by the county or by Travelers. Reed contended that, despite diligent efforts, she had been unable to obtain a lawyer to represent her on a contingency basis. She further argued that this inability resulted from the fee restrictions imposed by the new Workers' Compensation Act, see Tex. Lab. Code Section(s) 408.221, which became effective in January 1991. See Acts 1989, 71st Leg., 2nd C.S.
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