Beating the Post-Termination Psych Claim Bar Under 3208.3
Labor Code 3208.3 presumes a post-termination psychiatric claim non-compensable. The exceptions that actually defeat the bar, and the recor…
Author
Dana Whitfield
Coverage and motor-carrier correspondent. Reports on UM/UIM and stacking disputes, commercial-trucking and FMCSA liability, and the workers compensation and third-party intersection for the plaintiff PI bar. Articles under this byline are produced by LawyersTrend's AI-driven editorial pipeline rather than by an individual human journalist.
The Left-Turn Motorcycle Case and the Conspicuity Defense
The left-turn collision kills more riders than any other configuration, and it is the case defense counsel most enjoys. How to keep the dri…
Excluding the Defense Biomechanical Expert in Auto Cases
The defense biomechanical engineer almost always reaches past his own competence. How to confine him to physics and keep medical causation…
Pricing the Medicare Set-Aside Into a Comp Settlement
The Medicare set-aside decides the client's net as much as the gross settlement does. How to size it, fund it, and build it into intake ins…
The MCS-90 Endorsement: The Coverage Backstop in Truck Cases
The MCS-90 endorsement is the federal financial-responsibility backstop that pays truck-crash judgments the primary policy tries to escape.…
Rebutting the Strict AMA Guides Rating Under Almaraz/Guzman
The impairment rating decides the permanent disability award, and in California the strict AMA Guides number is not the last word. Almaraz/…
The Driver Qualification File Is Where Negligent-Hiring Cases Are Won
The FMCSA driver qualification file and the Drug and Alcohol Clearinghouse are where negligent-hiring and retention claims against a carrie…
The Admission Rule and the Fight to Keep Direct-Negligence Claims Alive
A carrier's admission of vicarious liability can quietly erase the negligent-hiring claim that carries the largest awards. Here is how the…
Beating the Helmet and Lane-Splitting Defense in Motorcycle Cases
Defense counsel opens motorcycle cases by blaming the helmet and the lane, not the driver. Both are comparative-fault plays, and both weake…
Winning the Apportionment Fight on Permanent Disability
Apportionment decides what a permanent-disability award is really worth. Here is how applicant counsel tests a weak causation opinion under…
Broker Selection Claims and the 2026 ELD Proof Gap
A unanimous Supreme Court ruling opened negligent-selection claims against freight brokers nationwide, and a July ELD revocation deadline j…
When the Comp Lien Meets the Third-Party Recovery
The comp carrier's lien, credit, and direct-action rights can swallow a client's third-party net. Employer fault and the common-fund doctri…