Felix v. Workmen's Comp. Appeals Bd

In Felix v. Workmen's Comp. Appeals Bd. (1974) 41 Cal. App. 3d 759, the question was whether an employee was barred from pursuing a personal injury action on the grounds that he had made an irrevocable election to proceed with a worker's compensation claim. In connection with the worker's compensation proceeding, the employer paid for the employee travel to Bakersfield from Mexico for a medical examination and a deposition. Also, the employer paid $ 105 for temporary disability for one week. Felix concluded that the employee was not estopped. In its discussion of whether the employer suffered prejudice, Felix stated: "Employer argues that he has been prejudiced as a result of his having paid some $ 535.08 to employee. It is perfectly obvious that there can be no prejudice with respect to the part of that sum that represents the payment for the cost of transportation for the medical examination and deposition as those are expenses that would have been incurred in the personal injury suit in any event and which produced information equally valuable to the defense of either proceeding. As to the $ 105 that he paid in temporary disability indemnity, should employee decide to proceed in the superior court personal injury suit that sum can be asserted as a cross-claim by employer against employee in that litigation. Accordingly, employer has failed to show prejudice by reason of this payment." (Felix, supra, 41 Cal. App. 3d at p. 765, )