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

ACCEPTED 15-25-00061-CV FIFTEENTH COURT OF APPEALS Appellate Docket Number: 15-25-00061-CV AUSTIN, TEXAS Appellate Case Style: Francisca Okonkwo, Administrative Law Judge and Fort Bend County 5/8/2025 4:58 PM Vs. Joshua David Heiliger, et al. CHRISTOPHER A. PRINE Companion CLERK Case(s): FILED IN Amended/Corrected Statement D 15th COURT OF APPEALS AUSTIN, TEXAS DOCKETING STATEMENT (Civil) 5/8/2025 4:58:28 PM Appellate Court: 15th Court of Appeals r:1 CHRISTOPHER A. PRINE (to be filed in the court of appeals upon perfection of appe~under TRAP 32) Clerk NOTE: Because space for additional parties I attorneys is limited on this form, you can include the information on a separate document. As per TRAP 32.1 and 9. 4, please include party's name and the name, address, email address, telephone number, fax manber, if af(Y, and State Bar Number ofthe party's lead counsel ifthe party is not represented by an attorney, that party 's name, address, telephone number, fax number should be provided I. Appellant . II. Appellant Attorney(s) - Continued D Person 181 Organizati~ D Lead Attorney Retained Attorney Name: Real Party In Interests Fort Bend County Name: Dean G. Pappas D Pro Se Bar No. 15454375 If Pro Se Party, enter the following information: Firm/Agency: Dean G. Pappas Address: Address 1: 8588 Katy Frwy City/State/Zip: Address 2: Ste. 1oo Tel. Ext. Fax: City/State/Zip: Houston, TX 77024 Email: f------------------,----------i Tel. (713) 914-6200 Ext. Fax: ,__II~._A_.p~ y (:s~;~__. ,_______, __------< Email: dpappas@dgplawfirm .com pe_l_Ia_n_t_!A._tt_o_r_n_e~ Lead Attorney Retained Attorney El □ Lead Attorney Select Name: Lisa M. Teachey Name: Bar No. 24056416 Bar No. Firm/Agency: Dean G. Pappas Law Firm Finn/Agency: Address 1: 8588 Katy Frwy Address 1: Address 2: Ste. 100 Address 2: City/State/Zip: Houston, TX 77024 City/State/Zip: Tel. (713) 914-6200 Ext. Fax: Tel. Ext. Fax: Email: [email protected] Email: D Lead Attorney Retained Attorney El D Lead Attorney Select Name: Mary M. Markantonis Name: Bar No. 12986800 Bar No. Firm/Agency: Dean G. Pappas Law Firm Firm/Agency: Address 1: 8588 Katy Frwy Address 1: Address 2: Ste. 1oo Address 2: City/State/Zip: Houston, TX 77024 City/State/Zip: Tel. (713) 914-6200 Ext. Fax: Tel. Ext. Fax: Email: [email protected] Email: Page 1 of 11 III. A IV. A ellee Attorne s - Continued 181Person □ Organization D Lead Attorney Retained Attorney Name: Joshua David Heiliger, et al. Name : Pablo A, Franco 0Pro Se Bar No. 24121625 If Pro Se Party, enter the following information: Firm/ Agency: McBryde Franco, PLLC Address: Address 1: 11000 Richmond Avenue City/State/Zip: Address 2: Suite 350 Tel. Ext. Fax: City/State/Zip: Houston, TX 77042 Email: Tel. (713) 223-7699 Ext. Fax: (512) 691-9072 Email: [email protected] IV. 'A ellee Attorne s Lead Attorney Retained Attorney El □ Lead Attorney Select Name: Russell L Morris Name: Bar No. 24099150 Bar No'.

Finn/ Agency: McBryde Franco, PLLC Finn/Agency: Address 1 : 11000 Richmond Ave. Address 1: Address 2: Stuite 350 Address 2: City/State/Zip: Houston, TX 77042 City/State/Zip: Tel.(713) 223-7699 Ext. Fax : Tel. Ext. Fax: Emai 1: [email protected] Email:

D Lead Attorney Retained Attorney D Lead Attorney Select Name: Andrew W. Bruce Name: Bar No. 24113627 Bar No. Firm/Agency: McBryde Franco, PLLC Firm/Agency: Address 1 : 11000 Richmond Ave. Address 1: Address 2: Suite 350 Address 2: City/State/Zip: Houston, TX 77042 City/State/Zip: Tel. (713) 223-7699 Ext. Fax: (512)691-9072 Tel. Ext. Fax: Email: [email protected] Email:

Page 2 of 11 V. Perfection of Appeal, Judgment and Sentencing .. ,.

Nature of Case (Subject matter or type of case): Injunction Date Order or Judgment signed: 04/02/2025 Type of Judgment: Interlocutory Order Date Notice of Appeal filed in Trial Court: 04/22/2025 If mailed to the Trial Court clerk, also give the date mailed: Interlocutory appeal of appealable order: [8] Yes □ No If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28): TCPR51.014(a)(4), (8) Accelerated Appeal (See TRAP 28): [8] Yes □ No If yes, please specify statutory or other basis on which appeal is accelerated: TRAP 28.1 Parental Termination or Child Protection? (See TRAP 28.4): □ Yes !8lNo Permissive? (See TRAP 28.3): D Yes □ No If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): D Yes !8lNo If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? !8l Yes □ No If yes, please specify statutory or other basis for such status: TRAP 28.1 Does this case involve an amount under $100,0007 D Yes !8lNo Judgment or Order disposes of all parties and issues? D Yes !8lNo Appeal from final judgment? D Yes [8]No Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? D Yes [8]No If yes, you must also complete ancl file the Challenge to Constitutionality of a State Statute form.

If yes, is the Attorney General of Texas a party to the case? □ Yes □ No VI. Actions Extending Time-to Perfect ~11peaJ Motion for New Trial: □ Yes [8]No If yes, date filed: Motion to Modify Judgment: □ Yes [8]No If yes, date filed: Request for Findings of Fact and Conclusions of Law: □ Yes [8]No If yes, date filed: Motion to Reinstate: D Yes [8]No If yes, date filed: Motion under TRCP 306a: D Yes [8]No If yes, date filed: Other: □ Yes [8]No If Other, please specify:

Page 3 of 11 VII. Indi!:?:encv of Party (Attach file stamped coov of Statement and copy of the trial court order.)

Was Statement of Inability to Pay Court Costs filed in the trial court? □ Yes [8]No If yes, date filed: Was a Motion Challenging the Statement filed in the trial court? D Yes [8] No If yes, date filed: Was there any hearing on appellant's ability to afford court costs? D Yes [8] No Hearing Date: Did trial court sign an order under Texas Rule of Civil Procedure 145? D Yes [8] No Date of Order: If yes, trial court finding: 0 Challenge Sustained D Overruled - ·.,. ,. ··- ·- VIII. ~ankruotcy Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal?

D Yes [8] No If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number: •" >I l, IX. Trial Court and Record Court: 11th District Court Clerk's Record County: Harris Trial Court Clerk: ~ District D County Trial Court Docket No. (Cause No.): Was Clerk's record requested? ~ Yes □ No 2024-78536 If yes, date requested: Trial Court Judge (who tried or disposed of the case): If no, date it will be requested: 04/30/2025 Name: Honorable Kristen Brauchle Hawkins Were payment arrangements made with clerk?

Address 1: 201 Caroline ~Yes □ No D Indigent Address 2: 9th Floor (Note: No request required under TRAP 34.S(a),(b).)

City/State/Zip: Houston, TX 77002 Tel. (832) 927-2600 Ext. Fax: Email:

Page 4 of 11 IX. Trial Court and Record - Continued Reporter's or Recorder's Record Is there a Reporter's Record? IRI Yes D No Was Reporter's Record requested? IRI Yes □ No If yes, date requested: 04/23/2025 If no, date it will be requested: Was the Reporter's Record electronically recorded? D Yes IRI No Were payment arrangements made with the court reporter/court recorder? IRI Yes □ No D Indigent IRI Court Reporter D Court Recorder 1R1 Court Reporter D Court Recorder IRI Official D Substitute 181 Official D Substitute Name: Mark Miller Name: Sheri Ullrich Address I: 11th Judicial District 201 Caroline Address 1: 157th Judicial District 201 Caroline Address 2: 9th Floor Address 2: 11th Floor City/State/Zip: Houston, TX 77002 City/State/Zip: Houston, TX 77002 Tel. (832) 927-2608 Ext. Fax: Tel. (832) 927-2418 Ext. Fax: Email: mark miller(ajustex.net Email: sheri ullrich~justex.net

X. Supersedeas Bond Supersedeas bond filed? D Yes IRI No If yes, date filed: If no, will file? D Yes D No XI. Extraordinary Relief Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? IRI Yes □ No If yes, briefly state the basis for your request: Motion to Stay Proceedings in Trial Court and in Division of Workers' Compensation-Texas Dept. of Insurance.

Page 5 of 11 XII. Alternative Dispute Resolution/Mediation Com lete section if filin in the l5 1 2 nd, 4th , 51h, 61h, 8111, 10111, 11 th 13 th , or 14 th Court of A eals.

Should this appeal be referred to mediation? D Yes 181No If no, please specify: Has this case been through an ADR procedure? □ Yes [8]No If yes, who was the mediator?

What type of ADR procedure?

At what stage did the case go through ADR? D Pre-Trial D Post-Trial D Other If other, please specify: Type of Case? Injunction Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief): Does Dist. Court have jurisdiction to rule/determine discovery issues during an administrative hearing when the Texas Gov't Code and Labor Code provide the process for compelling discovery during a hearing governed by the Administrative Procedure Act and Workers' Compensation Act?

How was the case disposed of? Denial to Plea to Jurisdiction and Granting Temporary Injunction Summary of relief granted, including amount of money judgment, and if any, damages awarded.

If money judgment, what was the amount? Actual damages: Punitive (or similar) damages: Attorney' s fees (trial): Attorney's fees (appellate): Other: If other, please specify: Will you challenge this Court's jurisdiction? D Yes 181 No Does judgment have language that one or more parties "take nothing"? □ Yes 181No Does judgment have a Mother Hubbard clause? □ Yes 181No Other basis for finality:

Page 6 of 11 XII. Altei;-native Dispute Resolution/Mediation - Continued Com lete section if filin in the pt 2 nd, 4th, 5th , 6th, 8th , 10th, 11 th , 13th, or 14 th Court of A eals.

Rate the complexity of the case (use 1 for least and 5 for most complex): D 1 D 2 f813 D4 D5 Please make my answer to the preceding questions known to other parties in this case? D Yes [81 No Can the parties agree on an appellate mediator? D Yes [81 No If yes, please give the name, address, telephone, fax, and email address: Name: Address: Telephone: Ext.

Fax: Email: Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement: Appellant Real Party in lnterests Fort Bend County's Attorney Lisa M. Teachey

.• .,, XIII. Related Matters ~ ,, List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style.

Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs. Court: Select Appellate Court Docket: Style: Vs.

Page 7 of 11 XIV. Pro Bono Program: (Complete section if filin~ in the ist, 2 nd , 3 rd , 5th, 7th, 13 th or 14~h Court of Appeals.)

The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono • Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http ://www. tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement.

Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.

Do you want this case to be considered for inclusion in the Pro Bono Program? D Yes □ No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? D Yes □ No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty Guidelines? D Yes D No These guidelines can be found m the Pro Bono Program Pamphlet as well as on the internet at http: //aspe.hhs.gov/poverty/06povertv .sh tm I.

Are you willing to disclose your financial circumstances to the Pro Bono Committee? D Yes □ No If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee.

Sample forms may be found in the Clerk's Office or on the internet at http://www .tex-app .org. Your participation in the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal , the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

NIA

Page 8 of 11 XV. Fifteenth ~ourt of ~ppeals}ur~sdictiol).

Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Comi of Appeals (See SB 1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the following information.

Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other agency in the executive branch of the state government, including a university system or institution of higher education as defined by Section 61.003, Education Code, 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? 18]Yes □ No If the answer is yes, does this appeal involve: D a proceeding brought under the Family Code and any related motion or proceeding; □ a proceeding brought under Chapter 78 or Article 17 .292, Code of Criminal Procedure; □ a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal jurisdiction; D a proceeding relating to a mental health commitment; D a proceeding relating to civil asset forfeiture; D a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain; □ a proceeding brought under Chapter 10 I, Civil Practice and Remedies Code; □ a claim of personal injury or wrongful death; D a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance; D a proceeding brought under Chapter 55, Code of Criminal Procedure; D a proceeding under Chapter 22A, Government Code; D a proceeding brought under Subchapter E-1, Chapter 411, Government Code; D a proceeding brought under Chapter 21, Labor Code; □ a removal action under Chapter 87, Local Government Code; □ a proceeding brought under Chapter 841, Health and Safety Code;

05/08/2025 Sig Date Lisa M. Teachey 24056416 Printed Name State Bar No. /s/ Your Name Lisa M. Teachey Electronic Signature (Optional) Name

XVII. Certificate of Service The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all parties to the Trial Court's Orde . Judgment as follows on: /s/ Your Name Electronic Signature (Optional) 24056416 State Bar No. Certificate of Service Requirements (TRAP 9.5(e)): A ce1iificate of service must be signed by the person who made the service and must state: (I) the date and manner of service; (2) the name and address of each person served, and 3) if the erson served is a art 's attorne , the name of the

Page 9 of I I Please enter the followin2 for each person served: .. ,.

Date Served: 05/08/2025 Date Served: 05/08/2025 Manner Served: eServe Manner Served: eServe Name: Ruseell L. Morris Name: Sherlyn Harper Bar No. 24099150 Bar No. 24093176 Firm/Agency: McBryde Franco, PLLC Firm/Agency: Office of Attorney General Address 1: 11000 Richmond Ave. Address 1: 808 Travis Street, # 1520 Address 2: Suite 350 Address 2: City/State/Zip: Houston, TX 77042 City/State/Zip: Houston, TX 77002 Tel. (713) 223-7699 Ext. Fax: Tel. (713) 225-8913 Ext. Fax: (512)320-0167 Email : [email protected] Email: [email protected] Party: Appellee Joshua Heiliger Party: Appellant Francisca Okonkwo Date Served: 05/08/2025 Date Served: 05/08/2025 Manner Served: eServe Manner Served: eServe Name: James Z. Brazell Name: Andrew W. Bruce Bar No. 02930100 Bar No. 24113627 Firm/Agency: Office of Attorney General Firm/Agency: McBryde Franco, PLLC Address 1: P.O. Box 12548, Capital Station Address 1:11000 Richmond Avenue Address 2: Address 2:Suite 350 City/State/Zip: Austin, TX 78711-2548 City/State/Zip: Houston, TX 77042 Tel. (512) 475-3204 Ext. Fax: Tel. (713) 223-7699 Ext. Fax: (512) 691-9072 Email: [email protected] Email: [email protected] Party: Appellant Francisca Okonkwo Party: Appellee Joshua Heiliger Date Served: 05/08/2025 Manner Served: eServe Name : Pablo A. Franco Bar No. 24121625 Firm/Agency: McBryde Franco, PLLC Address 1: 11000 Richmond Avenue Address 2: Suite 350 City/State/Zip: Houston, TX 77042 Tel. (713) 233-7699 Ext. Fax: (512) 691-9072 Email : [email protected] Party : Appellee Joshua Heiliger

Page 10 of 11 Please enter the following for ea~h person served: Date Served: 05/08/2025 Date Served: 05/08/2025 Manner Served: eServe Manner Served: eServe Name: Laverne Chang Name: Suzan Cardwell BarNo. 00783819 Bar No. 03791300 Firm/Agency: Cardwell & Chang, PLLC Finn/ Agency: Cardwell & Chang, PLLC Address 1 : 511 Lovett Blvd. Address 1: 511 Lovett Blvd. Address 2: Address 2: City/State/Zip: Houston, TX 77006 City/State/Zip: Houston, TX 77006 Tel. (713) 222-6025 Ext. Fax: Tel. (713) 222-6025 Ext. Fax: (512) 320-0167 Email: [email protected] Emai I: [email protected] Party: Appellee Greater Houston Psychiatric Associates, PLLC Party: Appellee Greater Houston Psychiatric Associates, PLLC Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Bar No. Bar No. Firm/Agency: Firm/Agency: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Fax: Tel. Ext. Fax: Email: Email: Party: Party: Date Served: Manner Served: Select Name: Bar No. Firm/ Agency: Address 1: Address 2: City/State/Zip: Tel. Ext. Fax: Email: Party:

Page IO of 11 Please enter the followin2 for each person served that is not an attorney for a party: •• - Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address I: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext.

Fax: Fax: Email: Email: Date Served: Date Served: Manner Served: Select Manner Served: Select Name: Name: Address 1: Address 1: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext.

Fax: Fax: Email: Email: Date Served : Date Served: Manner Served: Select Manner Served: Select Name: Name: Address I: Address I: Address 2: Address 2: City/State/Zip: City/State/Zip: Tel. Ext. Tel. Ext.

Fax: Fax: Email: Email:

Page 11 of 11 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.

Hope Furlow on behalf of Lisa Teachey Bar No. 24056416 [email protected] Envelope ID: 100622808 Filing Code Description: Docketing Statement Filing Description: REAL PARTY IN INTEREST FORT BEND COUNTY Status as of 5/9/2025 7:03 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Lisa Teachey 24056416 [email protected] 5/8/2025 4:58:28 PM SENT Laverne Chang 783819 [email protected] 5/8/2025 4:58:28 PM SENT Marilyn Allen 24025225 [email protected] 5/8/2025 4:58:28 PM SENT Mary Markantonis 12986800 [email protected] 5/8/2025 4:58:28 PM SENT Dean Pappas 15454375 [email protected] 5/8/2025 4:58:28 PM SENT Andrew Bruce 24113627 [email protected] 5/8/2025 4:58:28 PM SENT Russell Morris 24099150 [email protected] 5/8/2025 4:58:28 PM SENT Pablo Franco 24121625 [email protected] 5/8/2025 4:58:28 PM SENT Catherine Hughes [email protected] 5/8/2025 4:58:28 PM SENT Sherlyn Harper [email protected] 5/8/2025 4:58:28 PM SENT James Z.Brazell [email protected] 5/8/2025 4:58:28 PM SENT Suzan Cardwell [email protected] 5/8/2025 4:58:28 PM SENT Meridith Fischer [email protected] 5/8/2025 4:58:28 PM SENT Hope Burnett-Furlow [email protected] 5/8/2025 4:58:28 PM SENT