HARRY HUGHES, Governor

295

52.

At any time after a claim for compensation under this
article has been filed with the Workmen's Compensation
Commission by any claimant, [and] THE said claimant and/or
his or her dependents may, with the approval of the
Commission, enter into an agreement with the employer or^-
insurer of such employer or with the Subsequent Injury Fund
providing for a final compromise and settlement of any and
all claims which the said employee or his or her dependents
might then or thereafter have under the provisions of this
article, upon such terms and conditions as the Commission
shall, in its discretion, deem proper. Any such settlement
when approved by the Commission shall be binding upon all
parties thereto, and no such settlement shall be effective
unless approved by the Commission. Any final compromise and
settlement of a claim between the claimant or his or her
dependents and the employer and insurer shall also preclude
the right of the claimant or his dependents to proceed
against the Subsequent Injury Fund on the claim, unless the
Commission specifically orders otherwise. Upon death, any
balance payable under such final compromise and settlement
shall be an asset in the hands of the personal
representative of the deceased party to such final
compromise and settlement.

58.

Where injury or death for which compensation is payable
under this article was caused under circumstances creating a
legal liability in some person other than the employer to
pay damages in respect thereof, the employee, or in the case
of death, his personal representative or dependents as
hereinbefore defined, may proceed either by law against that
other person to recover damages or against the employer for
compensation under this article, or in case of joint
tort-feasors against both; and if compensation is claimed
and awarded or paid under this article, any employer, if he
is self-insured, insurance company, association or the State
Accident Fund, may enforce for their benefit, as the case
may be, the liability of such other person; provided,
however, if damages are recovered in excess of the
compensation already paid or awarded to be paid under this
article, and also any payments made for medical or surgical
services, funeral expenses or for any of the other purposes
enumerated in § 36 of this article, then any such excess
shall be paid to the injured employee, or in case of death
to his dependents less the expenses and costs of action
incurred by the employer, insurance company, association or
State Accident Fund as the case may be. If any such
employer, insurance company, association or State Accident
Fund shall not, within two months from the passage of the
award of this Commission, start proceedings to enforce the
liability of such other person, the injured employee, or in
case of death, his dependents, may enforce the liability of
such other person, provided, however, that if damages are
recovered the injured employee or in case of death his