WCPanelIQ
PanelQMEMed-legalDenied

Agyeifosu, Kwaku

KWAKU AGYEIFOSU, Applicant vs. BALDY VIEW ROP; YORK RISK SERVICES, Defendants

ADJ number
ADJ9511844
Decision date
Jan 5, 2023
District office
Santa Barbara
WCJ
Jason L. Buscaino
Claim administrator
York Risk Services
Commissioners
—

Injury / body parts: neck, right rib/chest wall, left cheek, lumbar spine (claimed), excretory system/kidneys (renal failure, claimed), hypertension (claimed)

LC §132aLC §3600LC §3602LC §4060LC §4453LC §4658LC §5401LC §5404LC §5405LC §5900LC §5903LC §5952CCR §31.7

Summary

Applicant Kwaku Agyeifosu, a 67-year-old substitute teacher, sustained injury on March 7, 2012 when allegedly assaulted by two Deputy Sheriffs while working for Baldy View ROP. He filed two pro per Petitions for Reconsideration on November 7, 2022: one challenging Judge Armstrong's January 10, 2017 Findings and Order (finding injury to neck, right rib/chest wall, and left cheek but no industrial hypertension or renal failure), and one challenging Judge Buscaino's October 14, 2022 Findings and Award. The Board dismissed the first petition as grossly untimely (filed nearly 6 years late) and denied the second on its merits. The WCJ's adopted report found the section 132a discrimination claim time-barred, applied collateral estoppel to bar relitigation of the excretory/renal failure issue, rejected the lumbar spine claim for lack of substantial medical evidence, and upheld the 10% unapportioned permanent disability award for the cervical spine.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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