Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity

Court of Appeals of Texas·Decided August 8, 2025·No. 15-25-00026-CV·Published

Opinion

ACCEPTED 15-25-00026-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 9:41 AM NO. 15-25-00026-CV CHRISTOPHER A. PRINE _______________________________________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FIFTEENTH APPELLATE DISTRICT OF TEXAS 8/8/2025 9:41:08 AM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk

DR. ERIC VANDERWERFF, D.C., Appellant,

v.

TEXAS DEPARTMENT OF INSURANCE- DIVISION OF WORKERS’

COMPENSATION, ET AL, Appellees.

On Appeal from the 250th Judicial District Court of Travis County, Texas No. D-1-GN-23-004200

APPELLEES’ FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF

TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS:

Appellees, the Texas Department of Insurance- Division of Workers’

Compensation, DWC, and DWC Commissioner Jeff Nelson in his official capacity

(collectively “Appellees”), respectfully requests a 30-day extension in which to file

their response brief in the captioned appeal. In support, the Appellees would show

the Court as follows:

1. Appellant filed his brief on July 14, 2025. Appellee’s response brief is

currently due on August 12, 2025.

2. The undersigned counsel is in need of an extension due to filing

deadlines in other matters, emergencies arising in other cases, and management

duties.

3. This motion is not interposed for the purpose of delay, but only to allow

the Appellees’ counsel the time to adequately prepare and file a reply brief.

4. Appellant’s counsel has stated that he does not oppose this request.

The Appellees therefore respectfully requests an extension of time to and

including September 11, 2025, in which to file and serve its response brief in the

captioned appeal.

Respectfully submitted,

KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

AUSTIN KINGHORN Deputy Attorney General for Civil Litigation

ERNEST C. GARCIA Chief, Administrative Law Division

/s/ Lauren McGee Lauren McGee Assistant Attorney General State Bar No. 24128835 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-3203 Email: lauren.mcgee@oag.texas.gov Attorneys for Appellees

CERTIFICATE OF CONFERENCE

I hereby certify that on August 8, 2025, I contacted counsel for Appellant and that counsel stated that Appellant does not oppose the requested extension.

/s/ Lauren McGee Lauren McGee Assistant Attorney General

CERTIFICATE OF SERVICE

I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing document has been served on the following on this the 8th day of August 2025:

Bradley Dean McClellan Via E-Service State Bar No. 13395980 2904 Bowman Avenue Austin, Texas 78703 Telephone: (512) 694-8843 Brad.McClellan@yahoo.com Attorney for Appellant

/s/ Lauren McGee Lauren McGee Assistant Attorney General

Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Paul Pruneda on behalf of Lauren McGee Bar No. 24128835 paul.pruneda@oag.texas.gov Envelope ID: 104133748 Filing Code Description: Motion Filing Description: 2025 0808 Unopposed Motion for Extension to file Response Brief Status as of 8/8/2025 9:51 AM CST

Associated Case Party: Eric Vanderwerff

Name BarNumber Email TimestampSubmitted Status

Brad McClellan brad.mcclellan@yahoo.com 8/8/2025 9:41:08 AM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jennifer Foster Jennifer.Foster@oag.texas.gov 8/8/2025 9:41:08 AM SENT

Associated Case Party: Texas Department of Insurance-Division of Workers Compensation

Name BarNumber Email TimestampSubmitted Status

Lauren McGee lauren.mcgee@oag.texas.gov 8/8/2025 9:41:08 AM SENT

Free access — add to your briefcase to read the full text and ask questions with AI

Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity, (Tex. Ct. App. 2025).

Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity (Dr. Eric Vanderwerff, D.C. v. Texas Department of Insurance - Division of Workers' Compensation, DWC, and DWC Commissioner Jeff Nelson in His Official Capacity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.