38.5Where a worker dies after the coming into force of this section as a result of an injury incurred either before or after the coming into force of this section, in addition to any survivors’ benefits, the Commission shall pay to the worker’s estate
(a)
an amount equal to 40% of the New Brunswick Industrial Aggregate Earnings to assist with necessary expenses of death such as burial,
(a.1)
an amount equal to 50% of the New Brunswick Industrial Aggregate Earnings, and
(b)
where, owing to the circumstances of the case, the body of the worker is transferred for a considerable distance for burial, a further sum for necessary expenses of that transportation.
38.5Where a worker dies after the coming into force of this section as a result of an injury incurred either before or after the coming into force of this section, in addition to any survivors’ benefits, the Commission shall pay to the worker’s estate
(a)
an amount equal to twenty per cent of the New Brunswick Industrial Aggregate Earnings to assist with necessary expenses of death such as burial, less any amount the estate is entitled to receive for these expenses under the Canada Pension Plan, and
(b)
where, owing to the circumstances of the case, the body of the worker is transferred for a considerable distance for burial, a further sum for necessary expenses of that transportation.