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Click here for the full text of this decision FACTS:Fernando Morales was an employee of Select Professional Staffing. Select Professional Staffing placed Morales as a temporary employee with Martin Resources Inc. Morales injured his left hand while working on a machine at Martin Resources Inc.’s facility in Odessa. Morales brought this action alleging negligence claims against Select Professional Staffing, Martin Resources Inc. and Martin Operating Partnership LP (the Martin entities are referred to collectively as Martin Resources Inc.). The trial court granted summary judgment to Select Professional Staffing and Martin Resources Inc., finding that the exclusive remedy provision of the Texas Workers’ Compensation Act barred Morales’ common law claims against them. HOLDING:The issue in this appeal is whether Select Professional Staffing and Martin Resources, Inc. established that they were covered by workers’ compensation insurance at the time of Morales’ injury. The Texas Supreme Court has recognized that temporary employees such as Morales may have more than one employer for the purposes of the TWCA and its exclusive remedy provision. Garza v. Excel Logistics, Inc., 161 S.W.3d 473, 475 (Tex.2005). Select Professional Staffing presented an affidavit of Andrew Thomas Price, the risk manager for AMS Staff Leasing, in support of its motion for summary judgment. Price stated, among other things, 1. that Morales was employed by AMS Staff Leasing; 2. that AMS Staff Leasing had leased Morales to Select Professional Staffing; and 3. that, on the date of Morales’ injury, AMS Staff Leasing had workers’ compensation insurance coverage for all employees that it had leased to Select Professional Staffing. Select Professional Staffing also presented the information page for AMS Staff Leasing’s workers’ compensation policy. The page listed “AMS Construction Company, Inc. dba AMS Staff Leasing” as the named insured. There was no summary judgment evidence that Select Professional Staffing was named as an insured under AMS Staff Leasing’s workers’ compensation policy or under any other workers’ compensation insurance policy. Select Professional Staffing relies on AMS Staff Leasing’s workers’ compensation insurance policy in support of its exclusive remedy provision argument. However, under Garza v. Excel Logistics Inc., 161 S.W.3d 473 (Tex.2005), Select Professional Staffing had the burden of showing “explicit coverage” for itself. Select Professional Staffing did not present any summary judgment evidence showing that it was named as an insured under any workers’ compensation insurance policy; therefore, Select Professional Staffing failed to meet its burden of showing explicit coverage for itself. The trial court erred in granting summary judgment to Select Professional Staffing. Martin Resources Inc. presented an affidavit of Steven G. Fenner, an underwriting specialist with American International Group, in support of its motion for summary judgment. Fenner stated that, “[d]uring February 2001, Martin Resources, Inc. and its facility in Odessa, Texas, had workers compensation insurance with AIG.” Martin Resources Inc. also presented an affidavit of Dale Langston, a plant manager for Martin Resources Inc. Langston stated that Martin Resources Inc. carried workers’ compensation insurance at the time of Morales’s injury. Martin Resources Inc. also submitted a workers’ compensation insurance policy as summary judgment evidence. The policy named “Martin Resource Management Corporation” as the insured and had a policy period from Nov. 30, 2000, to Nov. 30, 2001. A “Martin Resources, Inc.,” located in Kilgore, Texas, was listed in an endorsement to the policy. A “Martin Resource Management Corporation,” located in Odessa, Texas, was also listed in an endorsement to the policy. However, a “Martin Resources, Inc.,” located in Odessa, Texas, was not listed as an insured in the policy or in any endorsement to the policy. Martin Resources Inc. did not present any summary judgment evidence showing 1. the relationship, if any, between Martin Resources Inc. in Kilgore and Martin Resources Inc. in Odessa or 2. the relationship, if any, between Martin Resource Management Corporation and Martin Resources, Inc. in Odessa. In the absence of any evidence explaining the relationship, if any, among these entities, the insurance policy presented by Martin Resources Inc. created a fact issue as to whether Martin Resources Inc. had workers’ compensation insurance covering its Odessa facility. Therefore, Martin Resources Inc. failed to meet its summary judgment burden of establishing that it was covered by workers’ compensation insurance coverage at the time of Morales’ injury. The trial court erred in granting summary judgment to Martin Resources Inc. OPINION:Terry McCall, J.; Wright, C.J., McCall, J., and McCloud, S.J.

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