Aldemar Molina vs. Kimco Staffing: Workers' Comp Case Summary

Kimco Staffing Services, Inc. was sued by Aldemar Molina for workers' compensation. The parties agreed to a stipulation that there were no industrial injuries to any part of Molina's body and Kimco agreed to pay Molina $2,500.00 for out-of-pocket resources and an attorney fee of $375.00. California Pharmacy Management and Long Beach Prescription Pharmacy, the lien claimants, sought reconsideration of the stipulation, arguing that Molina did sustain an industrial injury for which they provided services. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the lien claimants had withdrawn their lien at the August 2, 2011 hearing.

Kimco Staffing Services, Inc.; Permissibly Self-Insured, Administered by Sedgwick CMS Aldemar Molina WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALDEMAR MOLINA, Applicant,vs.KIMCO STAFFING SERVICES, INC.; Permissibly Self-Insured, Administered by SEDGWICK CMS, Defendants.Case No. ADJ7045689OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION            Lien claimants, California Pharmacy Management (CPM) and Long Beach Prescription Pharmacy (LBPP), seek reconsideration of the Stipulation and Order issued September 1, 2010, wherein the workers’ compensation administrative law judge (WCJ) approved the stipulation between the parties wherein applicant stipulated that there were no industrial injuries to any part of this body and defendant agreed to pay applicant $2,500.00 to compensate applicant for “out-of-pocket resources” and applicant’s attorney fee of $375.00.            Lien claimants contend that they were served with the Stipulation and Order on August 3, 2011. Lien claimants now contend that the WCJ erred by approving the stipulation of the parties regarding applicant’s stipulation to non-industrial injury, effectively nullifying lien claimants’ liens, arguing that applicant did sustain an industrial injury for which lien claimants provided services. Defendant filed an Answer.            At the outset, we note that lien claimants appeared at a hearing regarding this matter on August 2 2011 and agreed to withdraw their liens in this matter (Minutes of Hearing, August 2, 2011, p. 2). The Minutes of Hearing, including petitioners’ withdrawal of liens, was signed by Francesca Hannan the counsel of record for the petitioning lien claimants. The document also reflects that petitioning lien claimants were represented at the hearing by Suzi Gonzalez. ,             Based upon our review of the record, and for the reasons set forth herein, we will dismiss lien claimants’ petition because they are not currently aggrieved. Lien claimants withdrew their l

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