Dankwah, Giovannie

Giovannie Dankwah, a City of Los Angeles traffic officer, claimed a work injury arising from a physical altercation with a motorist (Williams) during a parking enforcement dispute. After arbitration, the Arbitrator found that Dankwah threw the first punch and that there was no substantial evidence supporting his claim that Williams's conduct could reasonably be perceived as a real, present, and apparent threat of bodily harm, making Dankwah the initial physical aggressor whose claim was barred under Labor Code section 3600(a)(7). Applicant petitioned for reconsideration, arguing he threw the first punch in self-defense due to fear of imminent harm. The WCAB granted reconsideration to study the issues, addressed the section 5909 60-day timing issue (finding its delay equitably tolled under Shipley), gave great weight to the Arbitrator's credibility determinations, and affirmed the take-nothing Findings and Order denying reconsideration on the merits.