Texas Department of Insurance—Division of Workers' Compensation and Commissioner Ryan Brannan, in His Official Capacity v. Dale Brumfield

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FILED 7/28/2015 12:57:34 PM Donna Kay McKinney Bexar County District Clerk Accepted By: Consuelo Gomez CAUSE NO. 2015CI07374 DALE BRUMFIELD, § IN THE DISTRICT COURT FILED IN 4th COURT OF APPEALS Plaintiff, § SAN ANTONIO, TEXAS § 07/28/2015 2:48:57 PM v. § KEITH E. HOTTLE § Clerk ZURICH AMERICAN § INSURANCE CO., TEXAS § BEXAR COUNTY, TEXAS DEPARTMENT OF § INSURANCE—DIVISION OF § WORKERS’ COMPENSATION, § and COMMISSIONER RYAN § BRANNAN, in his official capacity, § Defendants. § 288TH JUDICIAL DISTRICT NOTICE OF APPEAL Defendants the Texas Department of Insurance, Division of Workers’ Compensation (the Division) and Commissioner Ryan Brannan in his official capacity (the Commissioner) hereby give notice of their appeal of the Order signed by the Court on July 22, 2015. This order denied the Division’s and the Commissioner’s Plea to the Jurisdiction. This interlocutory appeal is taken pursuant to Texas Civil Practice and Remedies Code §§ 51.014(a)(5) and 51.014(a)(8). The Division and the Commissioner appeal to the Fourth Court of Appeals. Dated: July 28, 2015 1 Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General JAMES E. DAVIS Deputy Attorney General for Civil Litigation DAVID A. TALBOT, JR. Chief, Administrative Law Division /s/ Harold J. Liller HAROLD J. LILLER State Bar No. 24029689 Assistant Attorney General Administrative Law Division OFFICE OF THE TEXAS ATTORNEY GENERAL P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4300 Facsimile: (512) 320-0167 harold.liller@texasattorneygeneral.gov Attorneys for Texas Department of Insurance – Division of Workers’ Compensation and Commissioner Ryan Brannan in his official capacity 2 CERTIFICATE OF SERVICE I hereby certify that the above Defendants Texas Department of Insurance—Division of Workers’ Compensation and Commissioner Ryan Brannan’s Notice of Appeal has been served on this the 28th day of July, 2015 on the following: Bradley Dean McClellan Via: e-service and/ or State Bar No. 13395980 electronic mail The Law Offices of Richard Pena, P. C. 1701 Directors Blvd., Suite 110 Austin, Texas 78744 Brad.mcclellan@yahoo.com Attorney for Plaintiff Brumfield David Owen Cluck Via: e-service and/ or Flahive, Ogden & Latson electronic mail P.O. Box 201329 Austin, Texas 78720 DOC@fol.com Attorney for Zurich American Insurance Co. /s/ Harold J. Liller HAROLD J. LILLER Assistant Attorney General 3