Darco Metal Surfacing, Inc.; and State Compensation Insurance Fund Nicholas F. Beninkoff (Deceased), Lorena Beninkoff (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICOLAS F. BENINKOFF (Deceased),LORENA BENINKOFF (Widow), Applicant,vs.DARCO METAL SURFACING, INC.; andSTATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ3808038 (LAO 0819022)OPINION AND ORDERS DENYING PETITIONS FOR REMOVAL; DISMISSING LIEN CLAIMANTS’ PETITIONFOR RECONSIDERATION; AND DENYING APPLICANT’S PETITION FOR RECONSIDERATION Lien claimants, Optimal Health Institute/Henry Kan, D.C. (Kan) and Ace Transportation (Ace), and defendant separately seek removal of this matter to the Appeals Board from the Findings and Order Re: Liens of Optimal Health, New Horizon Medical Corp., and Ace Transportation of November 23, 2009, wherein the workers’ compensation judge (WCJ) found that the record is inadequate and requires further development to determine whether the lien claims of Kan, Ace, and New Horizon Medical Corporation, for medical treatment allegedly provided to cure or relieve the deceased, injured worker from the effects of the admitted and fatal industrial injury that he sustained during a period through November 1, 2002, while employed as a painter by Darco Metal Surfacing, Inc., State Compensation Insurance Fund’s insured on the date of injury, are allowable and, if so, the amount to be allowed. The WCJ also ordered the matter off calendar so that the Presiding WCJ can reassign it to a different WCJ. Lien claimants Kan and Ace, in their joint petition, also seek reconsideration of the November 23, 2009 Findings and Order Re: Liens of Optimal Health, New Horizon Medical Corp., and Ace Transportation. , Separately, applicant, the deceased worker’s widow, who is also a lien claimant with respect to her claim for payment for home healthcare services she provided to her husband, seeks reconsideration of the Findings and Order Re: Lien of Loren
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