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Garza v. Excel Logistics, Inc.

Under the borrowed servant doctrine, the general employer relinquishes the right to control the employee to the special employer; under the dual-employer doctrine, both the general and the special employer share the right to control the employee.

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OPINION

Appellant, Jose Garza, (“Garza”) sued Interim Services Pacific, L.L.C. (“Interim”) and Excel Logistics, Inc. (“Excel”) for damages resulting from on-the-job injuries. Interim and Excel filed a joint motion for summary judgment contending they were Garza’s joint employers and that Garza’s exclusive remedy against either co-employer was limited to worker’s compensation benefits. The trial court granted the defendants’ joint motion for summary judgment. Garza appeals from the grant of summary judgment on two grounds. First, Garza contends that a material issue of fact exists as to whether Interim and Excel were joint employers, thus precluding summary judgment. Second, appellant argues that the appellees have not proven that Garza is a covered employee for purposes of the Texas Worker’s Compensation Act. We affirm.

Factual and Procedural Background

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