Does the Court of Appeal have jurisdiction to award damages to an uninsured employer in a workmen's compensation action?

3 It is also to be noted that we do not here deal with the question of the competing exercise of jurisdiction between the appeals board and the superior court to decide an issue such as the existence of an employment relationship, as was the situation in Scott v. Industrial Acc. Com. (1956) 46 Cal.2d 76, 293 P.2d 18. In the instant case both tribunals are expressly vested with jurisdiction by the Labor Code. (See Lab.Code, 3715 (fn. 1, Supra), 3706 (fn. 2, Supra).)

4 Prior to the 1971 amendments the appeals board and superior court proceedings were cumulative. An injured employee could pursue a workmen's compensation proceeding to an award and a superior court suit to judgment for damages against an uninsured employer though no double recovery could be had. (Lab.Code, 3709; Chakmakjian v. Lowe (1950) 101 Cal.App.2d 329, 332--333, 225 P.2d 307.)