Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Court of Appeals of Texas

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

DecidedMay 8, 2025

Docket15-25-00061-CV

StatusPublished

This text of Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger (Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger, (Tex. Ct. App. 2025).

Pincite

Opinion

ACCEPTED 4/22/2025 1:24 PM 15-25-00061-CV Marilyn Burgess - District Clerk Harris County FIFTEENTH COURT Envelope OF APPEALSNo. 99939999 By: Destiny Munoz AUSTIN, TEXAS Filed: 4/22/2025 1:24 PM 5/8/2025 3:21 PM CAUSE NO. 2024-78536 CHRISTOPHER A. PRINE CLERK IN RE JOSHUA DAVID HEILIGER, § IN THE DISTRICT FILED COURT IN OF INDIVIDUALLY, AND ON BEHALF § 15th COURT OF APPEALS AUSTIN, TEXAS OF THE ESTATE OF LAUREN § BRITTANE SMITH, DECEASED, § 5/8/2025 3:21:21 PM AND ON BEHALF OF DEATH § CHRISTOPHER A. PRINE Clerk BENEFITS BENEFICIARIES § JOSHUA DAVID HEILIGER AND § EMMA DESTINY HEILIGER, § Petitioners, § § v. § HARRIS COUNTY, TEXAS § TEXAS DEPARTMENT OF § INSURANCE, DIVISION OF § WORKERS’ COMPENSATION; JEFF § NELSON, COMMISSIONER, TEXAS § DEPARTMENT OF INSURANCE, § DIVISION OF WORKERS’ § COMPENSATION, IN HIS § OFFICIAL CAPACITY; FRANCESCA § OKONKWO, ADMINISTRATIVE § LAW JUDGE, TEXAS § DEPARTMENT OF INSURANCE, § DIVISION OF WORKERS’ § COMPENSATION, IN HER § OFFICIAL AND INDIVIDUAL § CAPACITIES, § Respondents. § 11th JUDICIAL DISTRICT

NOTICE OF APPEAL

Defendant Francesca Okonkwo, Administrative Law Judge, in her official capacity desires to appeal from the “Order Denying in Part and Granting in Part Okonkwo’s Plea to the Jurisdiction and Motion to Dismiss” and the “Order Granting Temporary Injunction and Setting Trial on Merits” which were signed on April 2, 2025. Because this suit arises out of a matter brought against a state commission, Plaintiff appeals to the Fifteenth Court of Appeals. See Tex. Gov’t Code § 22.220(d) (providing that the Fifteenth Court of Appeals has exclusive intermediate appellate jurisdiction over matters arising out of or related to a civil case brought by or against the state or a board,

1 commission, department, office, or other agency in the executive branch of the state government, or by or against an officer or employee of the state or a board, commission, department, office, or other agency in the executive branch of the state government arising out of that officer’s or employee’s official conduct, other than the claims and proceedings listed in § 22.220(d)(1)(A) through (O), excepted from the Court’s jurisdiction).

Respectfully submitted,

2 KEN PAXTON Attorney General of Texas

BRENT WEBSTER First Assistant Attorney General

RALPH MOLINA Deputy First Assistant Attorney General

JAMES LLOYD Deputy Attorney General for Civil Litigation

ERNEST C. GARCIA Chief, Administrative Law Division

/s/Sherlyn Harper SHERLYN HARPER State Bar No. 24093176 Assistant Attorney General Administrative Law Division Office of the Attorney General of Texas 808 Travis Street, #1520 Houston, Texas 77002 Telephone: (713) 225-8913 Facsimile: (512) 320-0167 sherlyn.harper@oag.texas.gov

JAMES Z. BRAZELL State Bar No. 02930100 Assistant Attorney General Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-3204 James.Brazell@oag.texas.gov

Attorneys for Francesca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers’ Compensation, in her official capacity

3 CERTIFICATE OF SERVICE

On April 22, 2025, a true and correct copy of this document was served on all attorneys of record in accordance with the Texas Rules of Civil Procedure.

/s/ Sherlyn Harper Sherlyn Harper

4 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.

Catherine Hughes on behalf of James Brazell Bar No. 2930100 catherine.hughes@oag.texas.gov Envelope ID: 99939999 Filing Code Description: Notice of Appeal Filing Description: 2025 0422 Okonkwo Notice of Appeal Status as of 4/22/2025 1:52 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

LaVerne Chang chang@cardwellchang.com 4/22/2025 1:24:16 PM SENT

Suzan Cardwell cardwell@cardwellchang.com 4/22/2025 1:24:16 PM SENT

Cheryl Sowell sowell@cardwellchang.com 4/22/2025 1:24:16 PM SENT

Marilyn Allen 24025225 mallen@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Mary Markantonis 12986800 mmarkantonis@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Dean Pappas 15454375 dpappas@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Russell Morris 24099150 serv.russell@mf-txlaw.com 4/22/2025 1:24:16 PM SENT

Mary Markantonis mmarkantonis@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Catherine Hughes catherine.hughes@oag.texas.gov 4/22/2025 1:24:16 PM SENT

Tanisha Doublin tdoublin@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Lisa M.Teachey lteachey@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Hope Burnett-Furlow hfurlow@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Lisa Teachey lteachey@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Sherlyn Harper Sherlyn.Harper@oag.texas.gov 4/22/2025 1:24:16 PM SENT

Pablo Franco serv.pablo@mf-txlaw.com 4/22/2025 1:24:16 PM SENT

Andrew Bruce serv.andrew@mf-txlaw.com 4/22/2025 1:24:16 PM SENT

Sherlyn Harper Sherlyn.Harper@oag.texas.gov 4/22/2025 1:24:16 PM SENT

James Z.Brazell james.brazell@oag.texas.gov 4/22/2025 1:24:16 PM SENT

Meridith Fischer Meridith.Fischer@oag.texas.gov 4/22/2025 1:24:16 PM SENT

Suzan Cardwell cardwell@cardwellchang.com 4/22/2025 1:24:16 PM SENT

LaVerne Chang Chang@cardwellchang.com 4/22/2025 1:24:16 PM SENT

Jacquelyn Compton admin@dgplawfirm.com 4/22/2025 1:24:16 PM SENT 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.

Catherine Hughes on behalf of James Brazell Bar No. 2930100 catherine.hughes@oag.texas.gov Envelope ID: 99939999 Filing Code Description: Notice of Appeal Filing Description: 2025 0422 Okonkwo Notice of Appeal Status as of 4/22/2025 1:52 PM CST

Jacquelyn Compton admin@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Dean Pappas dpappas@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Associated Case Party: REAL PARTY IN INTEREST FORT BEND COUNTY

Mary Markantonis mmarkantonis@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Hope Burnett-Furlow hfurlow@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Tanisha Doublin tdoublin@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Lisa M.Teachey lteachey@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Tanisha Doublin tdoublin@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Jacquelyn Compton admin@dgplawfirm.com 4/22/2025 1:24:16 PM SENT

Associated Case Party: REAL PARTY IN INTEREST 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.

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