Texas Workers' Compensation Insurance Facility v. Personnel Services, Inc.

BEA ANN SMITH, Justice.

The Texas Workers’ Compensation Insurance Facility (the “Facility”) sought damages from Personnel Services, Inc. (“PSI”), an employee leasing company, alleging that PSI misrepresented its status as the employer of leased workers in order to procure lower workers’ compensation insurance rates for its client companies. The trial court found that PSI had misrepresented that the leased workers were its employees, when in fact the employees remained under the control and direction of PSI’s client companies. Nevertheless, the court rendered a take-nothing judgment in favor of…