Wingfoot Enterprises D/b/a Tandem Staffing, Petitioner v. Marleny Alvarado, Respondent

Summary

The Texas Supreme Court held that an employee may have more than one employer for workers' compensation purposes and therefore a temporary staffing firm (Tandem) is an "employer" entitled to the exclusive‑remedy bar, affirming the trial court’s summary judgment in Tandem’s favor. The Court rejected the common‑law right‑to‑control test as the sole determinant of employer status under the Workers' Compensation Act. A concurring opinion agreed with the judgment but criticized the majority’s reasoning.