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FELIX v. WORKMEN'S COMP. APPEALS BD.

Docket Nos. 2294, 2313, 2314.

41 Cal.App.3d 759 (1974)

116 Cal. Rptr. 345

HERMINIO FELIX FELIX, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, Respondent; MARTIN ETCHAMENDY, Real Party in Interest. MARTIN ETCHAMENDY, Petitioner, v. THE SUPERIOR COURT OF KERN COUNTY, Respondent; HERMINIO FELIX FELIX, Real Party in Interest. MARTIN ETCHAMENDY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, Respondent; HERMINIO FELIX FELIX, Real Party in Interest.

Court of Appeals of California, Fifth District.

September 13, 1974.

Attorney(s) appearing for the Case

COUNSEL

Fullerton, Lang & Richert, William T. Richert and Jeff Wall for Petitioner in No. 2294 and for Real Party in Interest in Nos. 2313 and 2314.

King, Eyherabide, Anspach, Newell & Friedman, King, Eyherabide, Anspach, Friedman & Robinson, Stephen Eyherabide and Frank Harvey for Petitioner in Nos. 2313 and 2314 and for Real Party in Interest in No. 2294.

No appearance for Respondents.

OPINION

BROWN (G.A.), P.J.

These three petitions for mandamus and/or prohibition have been consolidated for argument and decision because they have a common factual base and the solution to each, aside from some minor peripheral considerations, depends upon the resolution of one central question: whether, under the facts, Herminio Felix Felix (hereinafter "Felix") has made an election of remedies to proceed with a workmen's compensation...

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