9. From the day on which the claimant nofifies the Commission of his intention to claim the benefit of this act, the Commission is subrogated pleno jure in the rights of the claimant and may, in its own name or in the name and stead of the claimant, continue or institute civil proceedings against any person responsible for the material damage, injury or death; any sum so recovered shall be paid into the consolidated revenue fund. The subrogation takes place by the mere making of the election and shall avail up to the full extent of the amount that the Commission may be called upon to pay to the claimant. However, if the Commission is subsequently freed from the obligation to pay part of the sums so recovered, the unused part must be repaid to whoever paid them, within one month following the event which determines the cessation of the Commission’s obligation to pay.
If the claimant elects to avail himself of this act, any agreements or compromises effected between the parties respecting the civil proceedings or the right to such proceedings is null and void until ratified by the Commission; payment of the amount agreed upon or adjudged shall be made only in the manner indicated by the Commission.
1971, c. 18, s. 7; 1976, c. 10, s. 7.