(a) In any case where a person is convicted of a crime which was the cause of the injury or death for which compensation has been awarded under this chapter, the Commission may institute an action against such person for the recovery of the whole or any specified part of such compensation actually paid to the applicant under this chapter in any court of competent jurisdiction in the Virgin Islands. Such court shall have jurisdiction to hear, determine, and render judgment in any such action. Any amount recovered and collected which exceeds the amount paid pursuant to the award shall be paid to the applicant.
(b) In any case where payment is made to the Commission under section 169 of this subchapter, the Commission may recover under this section only the difference between such payment and the amount of the compensation awarded under this chapter. The balance of any amount recovered and collected shall be paid to the applicant.