Salinas v. C.A.T. Concrete, LLC

I concur, but write to respectfully address the dissenting opinion, which states that “no suggestion has been made that the rights or interests of any third party was affected by the stipulation.” That is not the case here, where the legislature has defined what constitutes “wages,” and thus, what can form the basis for a determination of Average Weekly Wage, and ultimately determine an award of temporary partial disability. Here, the “third party” involved is in fact the Legislature, which defines the public policy of the state. Although stipulations that resolve personal factual disputes…