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Click here for the full text of this decision FACTS:Nancy Vega filed suit against Carmen J. Silva and Mid-America Services Inc. seeking damages for personal injuries that she sustained in an automobile accident. On the day of the accident, Vega and Silva were employees of AMS Staff Leasing NA Inc. and assigned to work for Mid-America, AMS’ client company. Silva was transporting several AMS employees, including Vega, to work at Mid-America in a van owned and maintained by Mid-America when the accident occurred. Vega claimed Silva’s negligence caused the accident and she sought to hold Mid-America liable for her damages on a theory of respondeat superior. Silva and Mid-America filed motions for summary judgment, arguing that workers’ compensation insurance covered AMS; that AMS’ policy also covered them; and that Vega’s claims were barred by the exclusive remedy provision of the Texas Workers’ Compensation Act. Vega contended that the exclusive remedy provision of the workers’ compensation act did not apply to Silva and Mid-America, because AMS’ policy did not name Mid-America as an insured and because there was no separately issued policy in Mid-America’s name. The trial court granted Silva’s and Mid-America’s motions. HOLDING:Affirmed. A defendant moving for traditional summary judgment, the court stated, must either negate at least one element of the plaintiff’s theory of recovery or plead and conclusively prove each element of an affirmative defense. Vega’s primary argument, the court stated, was that Mid-America is not covered by AMS’ workers’ compensation insurance policy, because the policy did not name Mid-America as an insured and there was no separately issued policy naming Mid-America as an insured. Silva and Mid-America argue that, under the Staff Leasing Services Act, Mid-America is covered by the same policy of workers’ compensation insurance that was issued to AMS. The court stated that it agreed with Silva and Mid- America. The court made a distinction between temporary employee providers and staff leasing companies. A workers’ compensation insurance policy covering a temporary employment agency, the court stated, does not provide coverage for the agency’s client company. But under �91.042(a) of the SLSA, the court stated that it is the staff leasing company’s exclusive decision whether to elect or deny workers’ compensation insurance coverage. If the staff leasing company elects to obtain coverage, the policy also covers the client company. Additionally, under subsection (c), the staff leasing company and the client company are considered co-employers for purposes of the staff leasing company’s decision to elect or deny workers’ compensation insurance coverage. As a result, both the staff leasing company and the client company are subject to the exclusive remedy provision of the workers’ compensation act. Here, Vega does not dispute Silva’s and Mid-America’s summary judgment evidence showing that AMS is a staff leasing license holder under the SLSA; that Mid-America is AMS’ client company; that Silva was acting in the course and scope of her employment, for workers’ compensation purposes, at the time of the accident; and that AMS was covered by workers’ compensation insurance. The court concluded that Silva and Mid-America conclusively proved the affirmative defense that the exclusive remedy provision of the workers’ compensation act applied in this case. Accordingly, the court found that the trial court did not err by granting Silva’s and Mid-America’s motions for summary judgment. OPINION:Lang-Miers, J.; Morris, Lang, and Lang-Miers, J.J.

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