Following a binding arbitration of an underinsured motorist claim, Jim Miller obtained a favorable award well below the amount demanded by the claimant.
The claimant was involved in a rear-end collision on a surface street in Sacramento. In her claim, she alleged she sustained injuries to her neck and back including radiating pain to the extremities.
Following the accident, the claimant treated with numerous medical providers including receiving over $11,000.00 in billed chiropractic treatment provided on a lien basis. The claimant’s medical records revealed conflicting reports of subjective complaints and objective findings being documented by her primary care and physical medicine providers as compared to what was recorded in the chiropractic records.
At the arbitration, Jim Miller argued that the findings of the primary care and physical medicine providers’ were consistent with each other as well as the claimant’s initial subjective complaints. These records supported the conclusion that the claimant had be made virtually whole by the underlying payments she already received from the third party and her medical payments coverage under the her insurance policy. In addition, Jim pointed out that the chiropractic records were the only provider to which the claimant was reporting significant subjective complaints and who was documenting concurrent objective findings.
It was the claimant’s position at the arbitration that the chiropractic records most accurately reflected the nature and extent of her injuries. Claimant’s chiropractor appeared at the hearing and testified on behalf of the claimant in regards his treatment of her injuries including his opinion regarding the need for future chiropractic care.
Ultimately, the arbitrator issued a ruling generally adopting the position presented by Jim. The claimant was awarded $7,500.00 new money. The award was significantly less than the last demand of claimant of just over $79,000.00 new money.