In August 2016, claimant Ginger Beherian, a woman in her 40s, was driving on a two lane road in Mill Valley when she began to make a left turn into a driveway and was struck near the front, driver’s side wheel well by a driver who attempted to pass her vehicle on the left. Beherian’s vehicle was rendered inoperable, and the other driver sped away without stopping. The driver was never identified. Beherian sought recovery via the supplementary- uninsured-motorist provision of her own insurance policy, which was administered by Liberty Mutual Insurance Co. The matter was scheduled for arbitration, as mandated in the insurance contract. Beherian claimed that her vehicle was struck at the front, driver-side wheel well at an angle that was more than a sideswipe, but less than a broadside, and that the hit-and-run fled the scene without stopping. Liberty Mutual did not contest coverage or the claim that the hit-and-run driver was the sole cause of the crash., Beherian claimed she suffered a herniated lumbar disc, as well as headaches and pain to her neck. She claimed her neck pain and headaches resolved, but she eventually sought medical care within two weeks of the collision and underwent an MRI four months after crash. The MRI was positive for the lumbar disc herniation. She was then evaluated and recommended for a lumbar fusion surgery in March 2017. Beherian claimed that she attempted to treat conservatively in order to postpone the lumbar surgery, but that her symptoms progressed to include a foot drop. She then obtained a second opinion in March 2019, and was recommended for an anterior lumbar fusion. In 2013, three years before the subject collision, Beherian was involved in a rear-end collision, which required her to undergo lumbar surgery. She claimed that her prior symptoms of radiculopathy and foot drop were completely resolved by the time of the 2013 surgery, but that the subject 2016 accident re-injured her spine at the same level, causing her radiculopathy and foot drop to return. Beherian claimed that as a result, she needed another, more serious surgery, this time a fusion. However, she did not undergo the lumbar fusion prior to arbitration. Beherian claimed that she would be unable to continue in her employment following any surgery she would have. Beherian sought recovery of past and future medical costs, future loss of earnings, and damages for her past and future pain and suffering. Liberty Mutual asserted that due to Beherian’s prior motor vehicle accident and lumbar surgery, the speed and angle of the subject impact, the lack of treatment in the months following the subject crash, and the complaints predating the crash, Beherian’s need for lumbar surgery was not a result of the subject 2016 crash, but, rather, was a failure of Beherian’s prior surgery and natural degenerative progression. Liberty Mutual also asserted that because Beherian continued to work following the subject crash, Beherian would be able to continue working following the surgery and would suffer no loss in earning capacity. According to plaintiff’s counsel, the defense’s expert orthopedic surgeon testified at arbitration, but after plaintiff’s counsel impeached him, Arbitrator Alfred Chiantelli struck the testimony.