Butelo, Paul

Applicant Paul Butelo, a soil technician employed by GTG, Inc. dba Leighton & Associates (insured by American Motorists/CIGA), sustained an admitted specific injury on February 29, 2000 and a continuous trauma from April 15, 1995 to February 29, 2000 while working at the Sage Hill High School construction project, where Koll Construction (insured by Zurich) was general contractor. The WCJ found that applicant had dual employment with Koll as a special employer for the CT claim and vacated joinder of Koll/Zurich only as to the specific injury. Both CIGA and Zurich sought reconsideration. The Appeals Board rescinded the WCJ's findings, holding that GTG, Inc. failed to prove Koll was a special or dual employer for either date of injury because Koll exercised no control over the details of applicant's soil-testing work. The Board affirmed that the November 4, 2016 joinder of Koll and Zurich on both cases was proper and that Exhibit A was admissible, but found the release/admissibility issues moot given the no-special-employment finding.