Texas Department of Insurance, Division of Workers' Compensation v. Linda Green

• Court: Court of Appeals of Texas
• Decided: April 9, 2015
• Docket: 01-15-00321-CV
• Status: Published

Opinion

ACCEPTED 01-15-00321-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 4/9/2015 2:25:30 PM CHRISTOPHER PRINE CLERK

CAUSE NO. 2010-25688

LINDA GREEN, § IN THE DISTRICT COURT FILEDOF IN Plaintiff § 1st COURT OF APPEALS HOUSTON, TEXAS § 4/9/2015 2:25:30 PM v. § HARRIS COUNTY, TEXAS CHRISTOPHER A. PRINE § Clerk ZURICH AMERICAN, § INSURANCE CO., § Defendant. § 133RD JUDICIAL DISTRICT

DEFENDANT TEXAS DEPARTMENT OF INSURANCE- DIVISION OF WORKERS’ COMPENSATION’S AMENDED NOTICE OF ACCELERATED APPEAL

Defendant, Texas Department of Insurance, Division of Workers’ Compensation

(“TDI-DWC”), hereby gives notice of its desire to appeal the Order, which denied

Defendant TDI-DWC’s Plea to the Jurisdiction, signed by the Court on March 2, 2015.

This accelerated interlocutory appeal is taken pursuant to Texas Civil Practice and

Remedies Code § 51.014(a)(8). TDI-DWC filed its original Notice of Accelerated Appeal

on March 23, 2015.

The Texas Department of Insurance, Division of Workers’ Compensation appeals

to the First Court of Appeals. This case has previously been in the First Court of Appeals

in Petition for Writ of Mandamus styled In re Zurich American Insurance Company, Case

No. 01-12-01094.

Dated: April 9, 2015 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. Division Chief, Administrative Law Division

/s/Dennis M. McKinney DENNIS M. McKINNEY State Bar No.13719300 Assistant Attorney General Administrative Law Division OFFICE OF THE ATTORNEY GENERAL OF TEXAS P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4020 Facsimile: (512) 320-0167 Dennis.McKinney@texasattorneygeneral.gov

ATTORNEYS FOR DEFENDANT TEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS’ COMPENSATION

2 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and forgoing document has been served to the following on the 9th day of April, 2015 to the following parties:

Brad McClellan Via E-Service LAW OFFICES OF RICHARD PENA, P.C. 1701 Directors Blvd, Suite 110 Austin, Texas 78744 brad.mcclellan@yahoo.com Attorney for Plaintiff

David Brenner Via E-Service Belinda May Arambula BURNS ANDERSON JURY & BRENNER, L.L.P. P.O. Box 26300 Austin, Texas 78755-6300 7804 Bell Mountain Drive, # 100 Austin, Texas 78730 dbrenner@bajb.com barambula@bajb.com Attorneys for Defendant Zurich American

Raymond L. Kalmans Via E-Service Stephen L. Brochstein Schlanger, Silver, Barg & Paine, LLP 109 North Post Oak Lane, Ste. 300 Houston, Texas 77024 rkalmans@ssbplaw.com Attorneys for Intervenor Bessie A. Wilhelm

/s/Dennis M. McKinney DENNIS M. McKINNEY Assistant Attorney General