Texas Department of Insurance
Division of Workers' Compensation

Web-enabled Attorney Fee Processing System (WAFPS) is a web-based application that allows attorneys to submit online requests for approval of claim-related services rendered. The initial portion of WAFPS is accessed sequentially. You must Logon before progressing to Verify Logon, and Verify Logon before progressing to Attorney Rate/Data, and so on through Claim Data.

After Claim Data is selected, you cannot make any changes, corrections, insertions or deletions to the Attorney/Rate Data provided. If changes are desired, you must logoff and start over or complete the current transaction and submit an additional transaction.

Once Claim Data has been completed, you may select either Service Detail or Expense Detail to continue your submission.

Claim Data, Service Detail, Expense Detail, and Justification may be modified at any time prior to submission. You will be provided with a summary of your request to review prior to submission, to allow you to ensure that all information is correct. Once you have submitted your request, you will given a complete summary of all detail, which you can print using your browser's print function.

TexasOnline does not include cookies enabling the retention of Bar Card Number or Access Code.

No activity for twenty minutes will result in application timeout and loss of data.

Attempts to modify Attorney Rate/Data will result in loss of Service Detail Data and Expense Detail Data previously entered for the given submission.

There is a limit of 3 invalid access attempts. If you do not remember your Access Code, Select Forgot Access Code from the Logon Screen. The Access Code associated with your Bar Card Number will be emailed to you.

It is imperative that this information be accurate since it is used for financial disbursements. This information cannot be changed after continuing by selecting Attorney/Rate Data. If the information is not correct please logoff and contact DWC.

A Bar Card Number (except for Legal Assistant) and a Rate must be included for any party for whom payment is requested.

Bar Card Information
  • Attorney 1, Attorney 2, and Attorney 3 must have different Bar Card Numbers.
Rate Information
  • Rates must be in XXX.XX format.
  • Attorney Rates can not exceed $150.00 and Legal Assistant rate can not exceed $50.00
Date Information
  • Service Start Date and Service End Date must be entered before selecting Verify Data.
  • Dates must be in MM/DD/YYYY format.

This is the last opportunity to make any modifications to Bar Card Numbers, rates, or service dates.

Allows for entry of claim specific information. Please note that "*" indicates required information. In addition, some information is required, based on representing employee or beneficiary and are indicated by "**" or "***". If you do not know the DWC Number please contact your local field office or the Commission's Central Office.

The use of the "Back" button on your browser to make changes may cause application malfunctions.

Allows for one row of service detail entry at a time. Drop down lists are available to access the different codes. To edit the entry select the Edit Icon. If you need to add an additional actor, you must logoff and start over or complete the current transaction and submit an additional transaction.

Service Date
  • Must be within the date range displayed.
  • Date must be numeric and in "MM/DD/YYYY" format.
Hours Requested
  • Hours must be numeric.
  • Decimal point must be included for partial hours.
  • Hours may not exceed 24 per service detail.

Designates the overriding grouping of services provided during workers’ compensation proceedings. The two (2) letter abbreviation should be used when entering a Category Code for Service Detail

Designates the two (2) letter abbreviation for the person who provided the service.

Details the activity being completed by an Actor for which compensation is being requested.

Designates the individual who is being served. The one letter abbreviation should be placed in the Recipient Code column when completing Service Detail.

Allows for the edit of one row of Service Detail. Selecting Update will save the changes. Drop down lists are available to access the different codes.

Service Date
  • Must be within the date range displayed
  • Date must be numeric and in "MM/DD/YYYY" format.

Hours Requested
  • Hours must be numeric.
  • Decimal point must be included for partial hours.
  • Hours may not exceed 24 per service detail.

Implementation of our automated attorney fee processing system on September 1, 1994, will not accommodate consideration of line item text or billing statements in the review/approval process. If the services provided require additional detail or clarification to justify payment, justification should be in the form of a summary paragraph titled "Justification Text". Please provide "Justification Text" in the summary paragraph provided. There is a limit of 5040 characters for Justification. Please be concise and to the point.

Rule 152.4 Guidelines for Legal Services Provided to Claimants and Carriers
(a) The guidelines outlined in this rule shall be considered by the commission along with the factors, and maximum fee limitations, set forth in the Texas Labor Code, §408.221 and §408.222 and applicable rules.
(b) An attorney may request, and the commission may approve, a number of hours greater than those allowed by these guidelines, if the attorney demonstrates to the satisfaction of the commission that the higher fee was justified based on the Texas Labor Code, §408.221 and §408.222.
(c) The guidelines for legal services provided to claimants and carriers are as follows:

1. Initial interview and research 1.0
2. Setting up file; completing and filing forms 0.5
3. Communications per month (with client, health care providers, other persons involved in the case) 2.5
4. Direct dispute resolution negotiation with the other party (per month) 3.05.
5. Preparation and submission of an agreement or settlement 1.06.
6. Participation in Benefit Review Conference Actual time in BRC + 2.07.
7. Participation in Benefit Contested Case Hearing Actual time in CCH + 4.08.
8. Participation in administrative appeal process 5.09.
9. Travel (per month) Actual costs that are reasonable and necessary

(d) The maximum hourly rate for legal services shall be as follows:

Hourly rate:

1. Attorney $150
2. Legal assistant (not to include hours for general office staff) $50

Rule 152.5. Allowable Expenses
(a) As part of the application for attorney fees, an attorney shall submit an itemized list of expenses incurred for the preparation and presentation of the client's case. The date, nature, and amount of the expense shall be clearly identified.
(b) The commission shall allow those expenses necessary for the preparation and presentation of a person's claim before the commission, including:

1. Travel expenses, at the rate set for state employees by the legislature in the General Appropriations Act, if the attorney is required to attend a benefit review conference or hearing more than 25 miles from the attorney's office nearest to the location of the conference or hearing;
2. Expenses necessary to present a case at a hearing including subpoena costs, court reporter's fee, per diem witness fees incurred, and translator's fee;
3. The cost of records necessary to prepare or present a claim or defense including copies of Division files, a record check performed by the Division, medical reports (except medical reports required to be provided by rule), and copies of certificates, licenses, and decrees necessary for perfecting a claim for death benefits;
4. Costs of long distance telephone calls to: the client, an attorney or other representative of the other party, health care providers, or others necessary to prepare the claim or defense;
5. Costs of collect long distance telephone calls from the client; and
6. Investigative services necessary to establish or dispute a claim.

(c) The commission shall not allow as attorney expenses those expenses that are not necessary for the preparation and presentation of a person's individual claim or defense before the Division, including:

1. Attorney travel, except as permitted in subsection (b)(1) of this section;
2. Overhead costs of operating a law office including: rent, utilities, copies, fax, telecopier, postage, shipping, local telephone calls, long distance calls to the commission, and salaries for general office staff; and
3. Medical reports and hospital records that commission rules require to be sent to the claimant and carrier.

(d) An attorney's payment of out-of-pocket expenses for items listed in subsection (b) of this section does not constitute a loan to the client as prohibited by the Texas Department of Insurance, Division of Workers' Compensation.

Allows for one row of Expense Detail entry at a time. A drop down list is available to access the Expense Codes. To edit the entry please select the Edit Icon.
Service Date
  • Date must be in the MM/DD/YYYY format.
  • Date must be within the Service Start Date and Service End Date Range.
  • Mileage amount may not exceed .28 per mile if Service Date occurs before 9/01/01.
  • Mileage amount may not exceed .345 per mile if Service Date occurs on or after 9/01/01 and before 8/31/02.
  • Mileage amount may not exceed .35 per mile if Service Date occurs on or after 9/01/02 and before 8/31/05.
  • Mileage amount may not exceed .405 per mile if Service Date occurs on or after 9/01/05 and before 09/30/05.
  • Mileage amount may not exceed .485 per mile if Service Date occurs on or after 10/01/05 and before 12/31/05.
  • Mileage amount may not exceed .445 per mile if Service Date occurs on or after 01/01/06.

Designates items for which compensation is desired. The two (2) letter abbreviation should be used in the expense column when completing Expense Detail.

Allows for the edit of one row of Expense Detail. A drop down list is available to access the Expense Codes. Selecting Update will save the changes.

Service Date
  • Date must be in the MM/DD/YYYY format.
  • Date must be within the Service Start Date and Service End Date Range.
Mileage
  • Mileage amount may not exceed .28 per mile if Service Date occurs before 9/01/01.
  • Mileage amount may not exceed .345 per mile if Service Date occurs on or after 9/01/01 and before 8/31/02.
  • Mileage amount may not exceed .35 per mile if Service Date occurs on or after 9/01/02 and before 8/31/05.
  • Mileage amount may not exceed .405 per mile if Service Date occurs on or after 9/01/05 and before 09/30/05.
  • Mileage amount may not exceed .485 per mile if Service Date occurs on or after 10/01/05 and before 12/31/05.
  • Mileage amount may not exceed .445 per mile if Service Date occurs on or after 01/01/06.

Allows for review of the information submitted. Selecting SUBMIT completes the transaction. If changes are required navigation is provided to Claim Data, Service Detail, and Expense Detail. If required information is missing and submission is attempted, then there will be an automatic link to the page where required information must be entered. If data has been entered that requires justification, a pop-up justification window will appear so that justification text can be entered.

A Transaction Number is displayed. Please print this page and use the Transaction Number as a reference for this claim. Selecting PRINT, will print a facsimile of the FORM-152 with the data you submitted. A "confirmation of receipt" or "error found in request" email will be provided to the email address associated with the Bar Card Number of Attorney 1.

Implementation of our automated attorney fee processing system on September 1, 1994, will not accommodate consideration of line item text or billing statements in the review/approval process. If the services provided require additional detail or clarification to justify payment, justification should be in the form of a summary paragraph titled "Justification Text". Please provide "Justification Text" in the summary paragraph provided. There is a limit of 5040 characters for Justification. Please be concise and to the point.

Once entry is complete select Enter to save the information. Selecting Enter automatically navigates to Submission Summary where a record or the transaction can be printed.

(a) The guidelines outlined in this rule shall be considered by the Division along with the factors, and maximum fee limitations, set forth in the Texas Labor Code, §408.221 and §408.222 and applicable commission rules.

(b) An attorney may request, and the commission may approve, a number of hours greater than those allowed by these guidelines, if the attorney demonstrates to the satisfaction of the commission that the higher fee was justified based on the Texas Labor Code, §408.221 and §408.222.

(c) The guidelines for legal services provided to claimants and carriers are as follows:
Service Maximum Total Hours:

1. Initial interview and research 1.0
2. Setting up file; completing and filing forms 0.5
3. Communications per month (with client, health care providers, other persons involved in the case) 2.5
4. Direct dispute resolution negotiation with the other party (per month) 3.0
5. Preparation and submission of an agreement or settlement 1.0
6. Participation in Benefit Review Conference Actual time in BRC + 2.0
7. Participation in Benefit Contested Case Hearing Actual time in CCH + 4.0
8. Participation in administrative appeal process 5.0
9. Travel (per month) Actual costs that are reasonable and necessary

The maximum hourly rate for legal services shall be as follows:
Hourly rate:

1. Attorney $150
2. Legal assistant (not to include hours for general office staff) $50

(a) As part of the application for attorney fees, an attorney shall submit an itemized list of expenses incurred for the preparation and presentation of the client's case. The date, nature, and amount of the expense shall be clearly identified.

(b) The commissioner shall allow those expenses necessary for the preparation and presentation of a person's claim before the Division, including:

1. Travel expenses, at the rate set for state employees by the legislature in the General Appropriations Act, if the attorney is required to attend a benefit review conference or hearing more than 25 miles from the attorney's office nearest to the location of the conference or hearing;
2. Expenses necessary to present a case at a hearing including subpoena costs, court reporter's fee, per diem witness fees incurred, and translator's fee;
3. The cost of records necessary to prepare or present a claim or defense including copies of Division files, a record check performed by the Division, medical reports (except medical reports required to be provided by rule), and copies of certificates, licenses, and decrees necessary for perfecting a claim for death benefits;
4. Costs of long distance telephone calls to: the client, an attorney or other representative of the other party, health care providers, or others necessary to prepare the claim or defense;
5. Costs of collect long distance telephone calls from the client; and
6. Investigative services necessary to establish or dispute a claim.

(c) The commissioner shall not allow as attorney expenses those expenses that are not necessary for the preparation and presentation of a person's individual claim or defense before the Division, including:

1. Attorney travel, except as permitted in subsection (b)(1) of this section;
2. Overhead costs of operating a law office including: rent, utilities, copies, fax, telecopier, postage, shipping, local telephone calls, long distance calls to the commission, and salaries for general office staff; and
3. Medical reports and hospital records that rules require to be sent to the claimant and carrier.

(d) An attorney's payment of out-of-pocket expenses for items listed in subsection (b) of this section does not constitute a loan to the client as prohibited by the Texas Department of Insurance, Division of Workers' Compensation.