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

ACCEPTED 15-25-00026-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 8/8/2025 9:41 AM NO. 15-25-00026-CV CHRISTOPHER A. PRINE _______________________________________________________ CLERK FILED IN 15th COURT OF APPEALS IN THE COURT OF APPEALS AUSTIN, TEXAS FIFTEENTH APPELLATE DISTRICT OF TEXAS 8/8/2025 9:41:08 AM AUSTIN, TEXAS CHRISTOPHER A. PRINE Clerk _______________________________________________________ DR. ERIC VANDERWERFF, D.C., Appellant, v. TEXAS DEPARTMENT OF INSURANCE- DIVISION OF WORKERS’ COMPENSATION, ET AL, Appellees. ____________________________________________________ On Appeal from the 250th Judicial District Court of Travis County, Texas No. D-1-GN-23-004200 ____________________________________________________ APPELLEES’ FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF ____________________________________________________ TO THE HONORABLE JUSTICES OF THE FIFTEENTH COURT OF APPEALS: Appellees, the Texas Department of Insurance- Division of Workers’ Compensation, DWC, and DWC Commissioner Jeff Nelson in his official capacity (collectively “Appellees”), respectfully requests a 30-day extension in which to file their response brief in the captioned appeal. In support, the Appellees would show the Court as follows: 1. Appellant filed his brief on July 14, 2025. Appellee’s response brief is currently due on August 12, 2025.

2. The undersigned counsel is in need of an extension due to filing deadlines in other matters, emergencies arising in other cases, and management duties.

3. This motion is not interposed for the purpose of delay, but only to allow the Appellees’ counsel the time to adequately prepare and file a reply brief.

4. Appellant’s counsel has stated that he does not oppose this request.

The Appellees therefore respectfully requests an extension of time to and including September 11, 2025, in which to file and serve its response brief in the captioned appeal.

Respectfully submitted, KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation ERNEST C. GARCIA Chief, Administrative Law Division /s/ Lauren McGee Lauren McGee Assistant Attorney General State Bar No. 24128835 OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION P. O. Box 12548 Austin, Texas 78711-2548 Telephone: (512) 475-3203 Email: [email protected] Attorneys for Appellees CERTIFICATE OF CONFERENCE I hereby certify that on August 8, 2025, I contacted counsel for Appellant and that counsel stated that Appellant does not oppose the requested extension.

/s/ Lauren McGee Lauren McGee Assistant Attorney General CERTIFICATE OF SERVICE I hereby certify that, in compliance with Rule 9.5 of the Texas Rules of Appellate Procedure, a true and correct copy of the above and foregoing document has been served on the following on this the 8th day of August 2025: Bradley Dean McClellan Via E-Service State Bar No. 13395980 2904 Bowman Avenue Austin, Texas 78703 Telephone: (512) 694-8843 [email protected] Attorney for Appellant /s/ Lauren McGee Lauren McGee Assistant Attorney General 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.

Paul Pruneda on behalf of Lauren McGee Bar No. 24128835 [email protected] Envelope ID: 104133748 Filing Code Description: Motion Filing Description: 2025 0808 Unopposed Motion for Extension to file Response Brief Status as of 8/8/2025 9:51 AM CST Associated Case Party: Eric Vanderwerff Name BarNumber Email TimestampSubmitted Status Brad McClellan [email protected] 8/8/2025 9:41:08 AM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Jennifer Foster [email protected] 8/8/2025 9:41:08 AM SENT

Associated Case Party: Texas Department of Insurance-Division of Workers Compensation Name BarNumber Email TimestampSubmitted Status Lauren McGee [email protected] 8/8/2025 9:41:08 AM SENT