On Oct. 8, 2012, claimant Sherman Fujioka, 43, a petroleum tank salesman, was driving his 2006 Toyota 4-Runner on Manning Avenue, in Reedley, when he stopped for a school bus. As he was waiting for the school bus to clear the roadway, Fujioka’s 4-Runner was rear-ended by a vehicle driven by Neida Lopez. Fujioka claimed that his vehicle was struck on the tow-hitch and had sustained $183 in property damage. He also claimed that he sustained neck from the impact. Fujioka brought a claim against Lopez, alleging that Lopez was negligent in the operation of her vehicle. Lopez’s insurer, Safeco Insurance Cos., tendered its $25,000 policy limits. Fujioka then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was also administered by Safeco. Specifically, Fujioka sought recovery of his policy limits. Safeco made an initial offer of $19,500 to resolve the claim. The matter proceeded to arbitration., Fujioka claimed he suffered an aggravation of a pre-existing cervical strain, resulting in numbness and tingling down the right and left arms. He subsequently presented to his primary care physician after the collision and was referred for an MRI to assess whether his pre-existing neck were aggravated. The subsequent MRI allegedly revealed an acceleration of cervical symptomology previously diagnosed due to pre-existing . As a result, Fujioka underwent pain management and was referred for a surgical evaluation. Fujioka claimed that it was determined that he may need a cervical fusion at the C5-6 and C6-7 levels. However, he had not undergone the cervical fusion at the time of arbitration. The plaintiff’s orthopedic surgery expert testified that the costs of future surgery that Fujioka will require would total around $20,800 to $62,600. Thus, Fujioka sought recovery of $34,474.26 in past medical costs relating to the aggravation of his cervical disc complaints and between $20,800 and $62,600 in future medical costs. Safeco’s counsel claiming that Lopez’s vehicle had not sustained any property damage whatsoever. Thus, counsel argued that the force of impact was insufficient to cause the or aggravation that Fujioka alleged.