On Dec. 4, 2013, claimant Tonirose Miller, 52, a school bus driver for the Carmel Unified School District, was in the course and scope of her employment driving a school bus, in Marina, when she stopped for a red light. While stopped, the bus was rear-ended by an uninsured driver, who was exiting a nearby freeway. Miller claimed that although she was properly seat belted, the force of the impact caused her to hit her head and chest on the steering wheel. She claimed that as result, she sustained to her head, neck and back. In lieu of filing a lawsuit, Miller sought recovery via the supplementary-uninsured-motorist provision of her own insurance policy, which was maintained by her employer, the Carmel Unified School District, through its public entity risk pools and joint powers authorities. Miller also sought recovery of workers’ compensation benefits, which was also maintained by the school district. (The district maintained insurance coverage on behalf of its employees and was also responsible for payment under workers’ compensation.) Miller claimed that she was stopped for a red light when her bus was rear-ended at a speed of 45 mph., Miller claimed she sustained a traumatic brain injury, resulting in post-concussive syndrome, memory loss and difficulty concentrating. She also claimed she sustained a herniated cervical disc with radiculopathy at the C5-6 level and an aggravation of her pre-existing lumbar degenerative conditions and chronic pain syndrome. Miller was taken to a hospital, where she was treated and released. She then underwent physical therapy, and received epidural and nerve block injections to treat her spinal pain. When conservative treatment did not resolve her pain, Miller underwent a hemilaminectomy at C5-6, and then an anterior cervical discectomy and fusion at C5-6. She also underwent a lumbar laminectomy. Ultimately, Miller had a spinal cord stimulator inserted, followed by five years of physical therapy, cervical and lumbar spinal injections. In addition, she was prescribed chronic pain medications for the last six years. Miller claimed that her pre-existing depression and anxiety were aggravated by the subject accident. She alleged that as a result, she suffers from major depressive disorder, anxiety, fatigue and chronic pain syndrome. Miller claimed that she underwent five years of psychotherapy.  Miller claimed that as a result of her spinal , she has work limitations, including no sitting longer than 30-60 minutes and no carrying more than 10-15 pounds. She claimed that as a result, she was taken off of work and that her physicians have not yet cleared her for a return to work. However, Miller also claimed she has memory difficulties, such as remembering bus routes and student’s specific needs, as a result of her head injury. She alleged that as a result, she is totally disabled and can no longer work. Miller alleged that she needs future medical care, including lower back surgery for the spinal stimulation implant, physical therapy, medications, antidepressant medications, psychiatric and psychological treatment, cervical epidural injections, pain management doctor visits, blood draws and radiological imaging studies. She also claimed she will need replacement surgery for the stimulators, and revision surgery for the cervical fusion and lumbar discectomy. Miller sought recovery of $248,804.89 for past medical costs, between $438,374 and $670,751 for future medical costs, $349,499 for past lost wages, $94,390 past loss of retirement benefits, and $332,692 for future loss of retirement benefits. The school district’s counsel asserted that Miller did not hit her head in the accident and did not have a traumatic brain injury. Counsel also asserted that Miller had pre-existing complaints of depression, anxiety and memory issues, as well as pre-existing complaints of neck and back issues. In addition, counsel contended that the MRI scans only showed degenerative changes with no traumatic findings. The school district’s counsel asserted that Miller could return to work with no restrictions.