Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 07/28/2015 2:48:57 PM KEITH E. HOTTLE Clerk *1 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

Plaintiff , §

§

v. §

§

ZURICH AMERICAN §

INSURANCE CO., TEXAS § BEXAR COUNTY, TEXAS

DEPARTMENT OF §

INSURANCE—DIVISION OF §

WORKERS’ COMPENSATION, §

and COMMISSIONER RYAN §

BRANNAN, in his official capacity, § § 288 TH JUDICIAL DISTRICT

Defendants.

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

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

Administrative Law Division

O FFICE OF THE T EXAS A TTORNEY G ENERAL

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

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 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.