Quality Personnel, Inc.; California Insurance Guarantee Association; Baxter Healthcare; Old Republic Insurance Company, Tony Butler, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATONY BUTLER,Applicant,vs.QUALITY PERSONNEL, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; BAXTER HEALTHCARE; OLD REPUBLIC INSURANCE COMPANY,Defendants.Case No. ADJ8406544(Sacramento District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant Baxter Healthcare (“Baxter”) and its carrier, Old Republic Insurance Company (“Old Republic”) seek reconsideration of the Findings and Order (“F&O”) issued on March 2, 2017 by a workers’ compensation administrative law judge (“WCJ”). The WCJ found that applicant was a special employee of Baxter and ordered Baxter and Old Republic to administer applicant’s claim. Petitioner contends that based on the totality of the circumstances and testimony, Baxter did not exercise sufficient control over applicant’s work to be considered his special employer pursuant to Kowalski v. Shell Oil Co. (1979) 23Cal.3d 168 [44 Cal.Comp.Cases 134] and Marsh v. Tilley Steel Co. (1980) 26 Cal.3d 486 [45 Cal.Comp.Cases 193]. Applicant did not file an answer to the Petition for Reconsideration. California Insurance Guarantee Association (“CIGA”) filed an Answer to Petition for Reconsideration (“Answer”). The WCJ filed a Report and Recommendation on Petition for Reconsideration (“Report”) wherein she recommends that the Petition for Reconsideration (“Petition”) be denied based on the considerable training and control Baxter exercised over the manner and means of applicant’s work for Baxter; Baxter’s ability to replace applicant with another Quality Personnel, Inc. (“Quality”) worker; and the testimony of Quality Vice , President Gaby Cousineau, in conjunction with Exhibits X and Y, indicating that Baxter negotiated applicant’s pay rate and thus had control over applicant’s pay rate. We have considered
