Facts

Claimant Darryl Erickson was rear-ended while stopped at the bottom of an off ramp in Santa Paula by an uninsured motorist who first struck the vehicle behind Claimant.

CLAIMANT'S CONTENTIONS:
Claimant contended that his principal symptoms were the result of the accident, notwithstanding pre-existing back pain, and that his compression fracture was the result of the accident.

RESPONDENT'S CONTENTIONS:
Respondent contended that claimant had a temporary exacerbation of pre-existing symptoms and that his compression fracture was pre-existing.

Settlement Discussions

From shortly after the accident, Claimant requested $100,000 policy limits plus $5,000 in med pay. Respondent offered $35,000 new money.

Specials in Evidence

Claimant alleged $15,317, but the arbitrator reduced that number to $9,732.

Injuries

Claimant suffered chronic spinal pain, numbness, transient nerve pain, and right shoulder impingement, and compression fracture of thoracic spine.

Result

Award of $44,732 after the reduction of the medical pay offset.