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

15-25-00026-CV

D-1-GN-23-004200 TRIAL COURT CASE NO. _________________ § IN THE DISTRICT COURT FILED IN § 15th COURT OF APPEALS § TRAVIS COUNTY, ________ AUSTIN, TEXAS TEXAS § 3/18/2025 10:15:58 AM § JUDICIAL DISTRICT CHRISTOPHER A. PRINE Clerk DISTRICT CLERK’S INFORMATION SHEET THE FOLLOWING INFORMATION HAS BEEN COMPILED BY THE DISTRICT CLERKS OFFICE:

Date of order appealed: 12-19-2024 Type of Order (Interlocutory or Final) FINAL Date Motion for New Trial Filed: 01-16-2025 Request for Findings of Fact and Conclusions of Law filed: Date Notice of Appeal Filed: 03-17-2025 Name of judge who entered judgment: KARIN CRUMP Name of court reporter: Address of court reporter: 1700 GUADALUPE, AUSTIN, TX 78701 Name of attorney on appeal: Bradley Dean McClellan SB#: 13395980 Attorney Address: 2904 Bowman Avenue Austin, Texas 78703 [email protected] Attorney E-Mail Address: __________________________________________________ Attorney on appeal (check applicable box): appointed ✔ retained Pro Se LAUREN MCGEE 24128835 Name of Appellee’s Attorney:___________________________________SB#________________ P.O. BOX 12548, AUSTIN, TX 78711 Attorney Address:_________________________________________________________ [email protected] Attorney E-Mail Address:___________________________________________________

Send Information Sheet, Notice of Appeal and Motion for New Trial (if filed) to: Third Court of Appeals (E-Mail Copy in PDF format to: [email protected]) Court Reporter: ______E-Mail _______Hand Delivery _______Mail On By: (clerk’s initials) 3/17/2025 11:56 PM Velva L. Price District Clerk Travis County CAUSE NO. D-1-GN-23-004200 D-1-GN-23-004200 Rosa Oneal DR. ERIC VANDERWERFF, D.C., § IN THE DISTRICT COURT PLAINTIFF § V. § § TEXAS DEPARTMENT OF INSURANCE- § DIVISION OF WORKERS’ COMPENSATION, § TRAVIS COUNTY, TEXAS DWC, and DWC COMMISSIONER JEFF NELSON § in his official capacity, § DEFENDANTS § 455th JUDICIAL DISTRICT

PLAINTIFF’S NOTICE OF APPEAL TO THE HONORABLE JUDGE OF THE COURT: 1. Plaintiff, DR. ERIC VANDERWERFF, D.C., files this Notice of Appeal based on the final judgment on the signed on January 10, 2023.

2. State Defendants, DWC Defendants, are the Texas Department of Insurance, Division of Workers’ Compensation, DWC, and Commissioner Jeff Nelson, in his official capacity.

3. Plaintiff appeals to the Fifteenth Court of Appeals in Austin, Texas.

4. Plaintiff requests the District Clerk prepare a complete record of this matter. Defendant does not believe a Reporter’s Record transcription record is necessary without any testimony taken and summary rulings made.

Respectfully submitted, /s/Brad McClellan Bradley Dean McClellan State Bar No. 13395980 [email protected] Board Certified Workers' Compensation Law, Texas Board of Legal Specialization Law Office of Brad McClellan

Cause No. D-1-GN-23-004200 Plaintiff’s Notice of Appeal 1 2904 Bowman Avenue Austin, Texas 78703 512-694-8843 (cell) 512-564-4284 fax Attorney for Plaintiff

CERTIFICATE OF SERVICE I certify that a copy of the foregoing and attached has been served on the below through their counsel of record by the method indicated below on March 17, 2025.

Lauren McGee Assistant Attorney General Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-3203 [email protected] Attorney for Defendants

/s/ Brad McClellan Bradley Dean McClellan

Cause No. D-1-GN-23-004200 Plaintiff’s Notice of Appeal 2 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.

Bradley McClellan on behalf of Bradley McClellan Bar No. 13395980 [email protected] Envelope ID: 98559730 Filing Code Description: Notice of Appeal Filing Description: PLAINTIFF’S NOTICE OF APPEAL Status as of 3/18/2025 10:02 AM CST Associated Case Party: ERIC VANDERWERFF Name BarNumber Email TimestampSubmitted Status Bradley McClellan 13395980 [email protected] 3/17/2025 11:56:33 PM SENT

Associated Case Party: TEXAS DEPARTMENT OF INSURANCE- DIVISION OF WORKERS' COMPENSATION Name BarNumber Email TimestampSubmitted Status Lauren McGee [email protected] 3/17/2025 11:56:33 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Foster [email protected] 3/17/2025 11:56:33 PM SENT