23-1024. Choice of remedy as waiver of
alternate remedy


A. An employee, or his legal representative in event death results, who accepts
compensation waives the right to exercise any option to institute proceedings in court
against his employer or any co-employee acting within the scope of his employment, or
against the employer's workers' compensation insurance carrier or administrative service
representative.


B. An employee, or his legal representative in event death results, who exercises
any option to institute a proceeding in court against his employer waives any right to
compensation.