Case details

Passenger: Rear-ender caused ongoing shoulder problems





Result type

Not present

glenoid labrum, shoulder, tear
On May 20, 2015, claimant Michael Mikael, 39, a self-employed graphic designer, was a passenger in a vehicle traveling on eastbound Interstate 10, in Los Angeles. As the driver came to a stop near Vermont Avenue due to traffic, the vehicle was rear-ended by a vehicle operated by Cho Yongwoo. Mikael sustained an injury to a shoulder. Yongwoo’s insurer tendered its policy limits. Mikael then sought further recovery via the supplementary-underinsured-motorist provision of his own insurance policy, which was administered by California Automobile Insurance Co., a subsidiary of Mercury Insurance Group. The insurer initially denied the claims, and the matter proceeded to arbitration pursuant to the provisions of the automobile policy., Mikael sustained a superior labral tear from anterior to posterior (a SLAP tear) to his non-dominant shoulder. He ultimately underwent a surgical repair. Mikael claimed that as a result of the surgery, he was not able to perform his work for months and that his future earnings would be affected because he never got to full recovery. Mikael sought recovery for his past and future medical expenses, past and future loss of income, and past and future pain and suffering. The respondent’s counsel argued that Mikael’s past medical treatment was unnecessary and unreasonably high and that Mikael did not need future medical treatment. Counsel also argued that Mikael’s work was not really affected by his injury or treatment and that Mikael did not lose any income. Counsel further argued that Mikael did not and will not suffer much pain and suffering. The respondent’s counsel asked the arbitrator to award Mikael only $26,000 in regard to the underinsured claim.
Matter not filed, CA

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