8.1(1)Where a worker or his dependents are entitled to compensation or some other remedy in respect of an accident both in another jurisdiction and in New Brunswick, the worker or dependents shall elect

8.1(2)Notice of election shall be given to the Commission

8.1(3)The Commission may, on application either before or after the expiration of the three month period referred to in subsection (2), extend that period if, in the opinion of the Commission, the claim is a just one and ought to be allowed,

8.1(4)If a worker or dependent elects under subsection (2) to claim compensation under this Act and at any time claims compensation or some other remedy under the law of another jurisdiction in respect of the same accident, the worker or dependent is deemed to have forfeited all rights to compensation under this Act in respect of that accident, and any money paid to the worker or dependent or on his or her behalf by the Commission in respect of it constitutes a debt due from him or her to the Commission.

8.1(5)Subsection (4) does not affect the right to compensation of a worker or dependent where an action is maintained in the worker’s or dependent’s name by the Commission under subsection 10(10).

8.1(6)Notwithstanding subsection (4), if a worker or dependent, before claiming compensation under this Act, and in ignorance of his or her rights or the extent of his or her rights under this Act, claims compensation under the law of the other jurisdiction where the accident happened and is found not to be entitled to compensation, the worker or dependent is deemed not to have forfeited his or her rights under this Act by reason only of making the claim.