On Nov. 22, 2015, claimant Ory Hodis, 40, a self-employed network security specialist, was driving on southbound Park Boulevard, in San Bernardino County. As he entered the intersection with Alta Loma Drive, his vehicle was broadsided by a vehicle operated by Joshua Kahler, who had stopped at a stop sign on eastbound Alta Loma Drive before entering the intersection. Hodis claimed to his back and a shoulder. Kahler’s insurer tendered its policy limits. Hodis then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by Mercury Insurance Co., a subsidiary of Mercury Insurance Group. Mercury denied the claim, and the matter proceeded to arbitration., Hodis sustained a superior labral tear from anterior to posterior (a SLAP tear) to his dominant shoulder and a strain to his lower back. He ultimately underwent arthroscopy surgery to repair his shoulder and physical therapy to treat his lower back. The respondent’s counsel argued that none of Hodis’ were from the subject accident. Instead, counsel argued that Hodis’ were from a prior vehicle collision that occurred approximately four months earlier, or were related to prior lower back and shoulder complaints that Hodis made as a result of working out and other physical sports.