Gardner, Lori

Applicant Lori Gardner, a school nurse, sustained an admitted industrial injury to her right elbow/arm/shoulder on October 22, 2020 from a slip and fall on a leaf-covered curb defect outside Oak Middle School. She resolved a third party civil action against the City of Los Alamitos for a gross $1,450,000, netting $818,312.86 after fees and costs. Defendant self-insured school district sought credit against compensation under the Cole/Martinez framework, and the WCJ found the employer's concurrent negligence was no more than de minimis and granted the full credit. Applicant petitioned for reconsideration arguing the employer was concurrently negligent beyond a de minimis amount. The Board granted reconsideration, finding the WCJ's decision was not supported by substantial evidence without further development of the record, and deferred a final decision pending further review.