Stipulation ptc statement (California)

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Stipulation ptc statement (California)

Postby lacompfun on Wed Sep 19, 2018 9:35 pm

Scenario

Ptc statement page 1 parties stipulate to aww at $300 a week.

Case set for trial.

No trial off calendar

2 years later case set for trial again. AA produces earnings at $450 week. Lists that as aww. Defense says aww is $300 prior stipulation.

Question

1. For trial what would judge decide aww?
Last edited by lacompfun on Thu Sep 20, 2018 4:11 pm, edited 1 time in total.
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Re: Stipulation ptp statement (California)

Postby LawAdvocate on Thu Sep 20, 2018 8:24 am

The judge is going to go with the best evidence which is a wage statement. Obfuscating over a technicality is not looked upon kindly. The prior PTCS is not binding on anyone, as discovery of new evidence means you comply with those facts.
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Re: Stipulation ptp statement (California)

Postby vampireinthenight on Thu Sep 20, 2018 8:28 am

Stipulation is kind of weak if the trial did not happen. OTOC usually means discovery is re-opened.

A stipulation is stronger if it is associated with an award (approved) or a finding of fact on the other issues (again, implicitly approved when it is read into the minutes).

It might be worth pursuing but, in the face of contrary evidence, I would anticipate the WCJ will not enforce the stipulation.
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Re: Stipulation ptp statement (California)

Postby lacompfun on Thu Sep 20, 2018 8:48 am

Thank you
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Re: Stipulation ptc statement (California)

Postby mytwocents on Sat Sep 22, 2018 8:53 am

We're supposed to be doing substantial justice here; not playing games of "gotcha." The employer should know what his AWW was based on payroll records. If it was $450 a week, agree to pay him accordingly if he prevails. If it was $300 and he's claiming tips or under the table or something else that wasn't recorded, that's a different story.
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