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Synergy contends that the evidence established that Alliance Savings Co., Inc. was a licensed staff leasing company under the SLSA. As defined in the SLSA, a "[l]icense holder" is "a person licensed under this chapter to provide staff leasing services." Section 91.001(11). A "[c]lient company" is "a person that contracts with a license holder and is assigned employees by the license holder under that contract." Id. § 91.001(3). Under the SLSA, a license holder may elect to obtain workers' compensation insurance coverage for its assigned employees. Id. § 91.042(a). If the license holder elects to obtain such coverage, the policy also covers the client company. Id. §§ 91.006(a), 91.042(c); Garza v. Exel Logistics, Inc., 161 S.W.3d 473, 478 (Tex. 2005); Vega v. Silva, 223 S.W.3d 746, 748 (Tex. App.-Dallas 2007, no pet.). Under Section 91.042(c) of the SLSA, the license holder and the client company are considered to be co-employers for workers' compensation insurance purposes. If a license holder elects to obtain workers' compensation insurance, the license holder and the client company are both protected by the exclusive remedy provision of the TWCA. Section 91.042(c); Tex. Workers' Comp. Ins. Fund v. Del Indus., Inc., 35 S.W.3d 591, 594 (Tex. 2000); Vega, 223 S.W.3d at 748.
Synergy did not offer evidence that Alliance Savings Co., Inc. was a licensed staff leasing services company. Synergy cannot, therefore, claim the benefit of Alliance Savings Co., Inc.'s workers' compensation insurance. Hodges v. Tex. TST, Inc., 303 S.W.3d 880, 882 (Tex. App.-Eastland 2009, no pet.). The SLSA provides that a license holder and its client company are co-employers for workers' compensation insurance purposes. Section 91.042(c). Co-employer status of a client company depends on the staff leasing services company being a license holder. Because Synergy failed to establish that Alliance Savings Co., Inc. was a license holder, Synergy and Alliance Savings Co., Inc. could not be co-employers of Thompson under the SLSA, and Synergy was not protected by the exclusive remedy provision in the TWCA by virtue of the SLSA. See id.