Chapter 9

22 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION CHAPTER 9 WORKER ’S COMPENSATION 2020 NOTE : Past publications of the GCA included annotations explaining corrections that made by the previous Co mpiler to address typesetting and/or typographical errors. These anno tations have been rewritten in light of changes in publication techno logy and for clarity. § 9101. Title. § 9102. Minor Employees. [Repealed] § 9103. Definitions. § 9104. Coverage. § 9105. Liability for Compensation. § 9106. Exclusiveness of Liability. § 9107. Time for Commencement of Compensation: Maxi mum and Minimum Compensation. § 9108. Medical Services and Supplies. § 9109. Compensation for Disability. § 9110. Compensation for Death. § 9111. Determination of Pay. § 9112. Guardian for Minor or Incompetent. § 9113. Notice of Injury of Death. § 9114. Time for Filing of Claims. § 9115. Payment of Compensation. § 9116. Invalid Agreements. § 9117. Assignment and Exemption from Claims of Cre ditors. § 9118. Compensation, a Lien Against Assets. § 9119. Collection of Defaulted Payments. § 9120. Procedure in Respect of Claims. § 9121. Presumptions. § 9122. Review of Compensation Order. § 9123.

ors. § 9118. Compensation, a Lien Against Assets. § 9119. Collection of Defaulted Payments. § 9120. Procedure in Respect of Claims. § 9121. Presumptions. § 9122. Review of Compensation Order. § 9123. Modification of Awards. § 9124. Procedure Before the Commissioner. § 9125. Witnesses. § 9126. Witness Fees. § 9127. Costs in Proceedings Brought Without Reason able Grounds. § 9128. Powers of the Commissioner. § 9129. Fees for Services. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION § 9130. Record of Injury or Death. § 9131. Reports. § 9132. Penalty for Misrepresentation. § 9133. Security for Compensation. § 9134. Compensation for Injuries Where Third Perso ns are Liable. § 9135. Right to Compensation as Exclusive Remedy. § 9136. Compensation Notice. § 9137. Substitution of Carrier for Employer. § 9138. Insurance Policies. § 9139. Certificate of Compliance with this Law. § 9140. Penalty for Failure to Secure Payment of Compensation. § 9141. Administration. § 9142. Investigation by the Commission. § 9143. Special Fund. § 9144. Government of Guam Special Fund. § 9145. Annual Report. § 9146. Automatic Adjustments to Rates. § 9101. Title.

. Administration. § 9142. Investigation by the Commission. § 9143. Special Fund. § 9144. Government of Guam Special Fund. § 9145. Annual Report. § 9146. Automatic Adjustments to Rates. § 9101. Title. Chapter 9 of Title 22, Guam Code Annotated is amend ed to make its title Worker's Compensation and throughout the Chapter the word worker is substituted in the place of workman. SOURCE : GC § 37000. Amended by P.L. 16-001:1 (Feb. 9, 198 1). § 9102. Minor Employees. [Repealed]. SOURCE : GC § 37001, which was repealed in its entirety by P.L. 11- 074:1 July 20, 1971). § 9103. Definitions. (a) Adoption or Adopted . This term means legal adoption prior to the time of the injury. (b) Carrier. This term includes stock corporations or mutual associations from which any employer has obtained w orkers' COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION compensation insurance or guaranty insurance in acc ordance with the provisions of this Title. (c) Child, grandchild, brother, sister. The term child shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least

er. The term child shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least one (1 ) year prior to the time of injury, and a stepchild or acknowledged illegitimate child dependent upon the deceased; but does not inc lude married children unless wholly dependent upon the employee. The term grandchild means a child, as above defined, of a child, as ab ove defined. The terms brother and sister include stepbrothers and stepsisters, half brother and half sisters, and bro thers and sisters by adoption; but does not include married brothers nor married sisters unless wholly dependent upon the employee. The terms child, grandchild, brother, and sister include only persons who are under eighteen (18) years of age, and also pers ons who, though eighteen (18) years of age or over, were who lly dependent upon the deceased employee at the time of his injury and incapable of self-support by reason of mental o r physical disability. (d) Commission. This terms means the Workers' Compensation Commission. (e) Commissioner.

employee at the time of his injury and incapable of self-support by reason of mental o r physical disability. (d) Commission. This terms means the Workers' Compensation Commission. (e) Commissioner. This term means the head of the Workers' Compensation Commission who shall be the D irector of the Department of Labor or his designee. (f) Compensation. This term means the money allowance payable to an employee or to his dependents as prov ided for in this Title and includes funeral benefits provided h erein. (g) Death. This term, when used as a basis for a right to compensation under this Title, means only death res ulting from an injury. (h) Disability. This term means incapacity, because of injury, to earn the wages which the employee was re ceiving at the time of injury in the same or any other employm ent. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (i) Employee. This term, as used herein, is synonymous with worker, and means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer. It includes aquacu ltural and agricultural workers but excludes a person whose em ployment is purely casual

to the employment of or works under contract of service or apprenticeship with an employer. It includes aquacu ltural and agricultural workers but excludes a person whose em ployment is purely casual and not, for the purpose of the emplo yer's trade or business. As used herein the term employee includes any person who has worked forty (40) hours per week during the previous sixty (60) days, exclusive of holidays, for the sam e employer. (j) Employer. This term, unless otherwise stated, includes any body of persons, corporate or unincorporated, p ublic or private, and the legal representative of a deceased employer. It includes the owner or lessee of premises, or other person who is in fact the proprietor, or operator of the business carried on there but who by reason of there being an independent con tractor, or for any other reason, is not the direct employer of the workmen there employed. If the employer is insured it inclu des his insurer as far as applicable. (k) Guam . This term, when used in a geographical sense means the Guam including the waters thereof. (l) Industrial Employment.

the employer is insured it inclu des his insurer as far as applicable. (k) Guam . This term, when used in a geographical sense means the Guam including the waters thereof. (l) Industrial Employment. In the case of private employees this term only includes employment in a trade, occu pation or profession which is carried on by the employer for the sake of pecuniary gain. (m) Injury. This term means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises natural ly out of such employment or as naturally or unavoidably results f rom such accidental injury. The terms includes an injury cau sed by the wilful act of a third person directed against an em ployee because of his employment. (n) Parent . The term includes stepparents or parents by adoption, parents-in-law, and any person who for mo re than three (3) years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on th e employee. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (o) Person . The term mans individual, partnership, corporation, or association. (p) Public Employment.

ependent on th e employee. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (o) Person . The term mans individual, partnership, corporation, or association. (p) Public Employment. The term 'public employment ' means employment by the government of Guam Executiv e, Judicial or Legislative departments, agencies, inst rumentalities, inclusive of semi-autonomous and autonomous agencie s, and any other government of Guam entities and public co rporations. It shall include all elected officials. (q) Territory. The term means Guam. (r) Wages. The term means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury; including the reasonab le value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer. (s) Widow. the term includes only the decedent's wife who, at the time of his death, lived with him or was dep endent for support upon him; or who was living apart from him for justifiable cause or by reason of his desertion at such time. (t) Widower.

e who, at the time of his death, lived with him or was dep endent for support upon him; or who was living apart from him for justifiable cause or by reason of his desertion at such time. (t) Widower. This term includes only the decedent's husband who, at the time of her death, lived with her and w as dependent for support upon her. SOURCE : GC § 37002. Subsection (e) amended by P.L. 16-001 :11 (Feb. 9, 1981); subsection (i) amended by P.L. 16-001:2 ( Feb. 9, 1981); subsection (p) amended by P.L. 16-001:3 (Feb. 9, 19 81). Subsection (p) repealed and reenacted by P.L. 25-091:04 (Dec. 22, 1999). 2020 NOTE : Past publications of the GCA included an error wi th subsection (j); however, this error has been correc ted. References to 'Territory' and 'territorial' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 9104. Coverage. (a) Compensation shall be payable under this Title in case of disability or death of an employee, but only if the disability or COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION death results from an injury sustained while engage d in industrial employment or public employment or both as defined in § 9103.

COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION death results from an injury sustained while engage d in industrial employment or public employment or both as defined in § 9103. (b) Employers, who hire workmen within Guam to work without Guam, may agree with the workmen that the r emedies under this Title shall be applicable as regards inj uries received without Guam by accident arising out of and in the course of the employment. All contracts of hiring in Guam shall b e presumed to include such an agreement. (c) If workman who has been hired in Guam receives a personal injury by accident arising out of and in t he course of his employment, he shall be entitled to compensation ac cording to the law of Guam even though such injury was receive d without Guam. (d) If a workman who has been hired without Guam is injured while engaged in his employer's business, a nd is entitled to compensation for the injury under the laws of th e state or territory where he was hired, he shall be entitled to enforce against his employer his rights in Guam if his righ ts are such that they can reasonably be determined and dealt with by the Commissioner and the court in Guam.

hired, he shall be entitled to enforce against his employer his rights in Guam if his righ ts are such that they can reasonably be determined and dealt with by the Commissioner and the court in Guam. (e) If an officer or enlisted person of the Guam Mi litia or volunteer civil defense worker shall suffer injury or death arising out of and in the performance of his duty in the Gu am Militia or Guam Civil Defense Agency, compensation shall be pa id and medical services and supplies shall be furnished to him or his dependents, as the case may be, by the government o f Guam for such injury or death in the manner and in the amoun ts provided for in this law for worker's compensation as if he were injured during the course of his civilian employment. (f) Any person who may be injured in performing ser vice for the government of Guam in any voluntary or unpa id capacity under the authorized direction of a public officer or employee, and who shall not have secured payment of his hospi tal and medical expenses from the government of Guam or und er any other provisions of law and shall not have secured payment COL5/12/202022 GCA BUSINESS REGULATIONS CH.

secured payment of his hospi tal and medical expenses from the government of Guam or und er any other provisions of law and shall not have secured payment COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION thereof from any third person, shall be paid his re asonable hospital and medical expenses by the Government of Guam. (g) This Title shall affect the liability of employ ers to employees engaged in interstate or foreign commerce or otherwise, only so far as the same is permissible u nder the laws of the United States. (h) No compensation shall be payable under this Tit le if the injury was occasioned solely by the intoxication of the employee, or by the wilful intention of the employe e to injure or kill himself or others. (i) Any person who may be injured in performing ser vice for the government of Guam as a volunteer fireman u nder the authorized direction of a public officer or employe e, and who shall not have secured compensation from the govern ment of Guam or from any third person, shall be paid compen sation equivalent to that of a firefighter. (j) Authorization for Administrative Leave.

shall not have secured compensation from the govern ment of Guam or from any third person, shall be paid compen sation equivalent to that of a firefighter. (j) Authorization for Administrative Leave. Any per son who is injured while performing service for the governm ent of Guam as an employee under the authorized direction of a public officer or employee, and has been certified by the Worker’s Compensation Program as such, shall be granted administrative leave with pay for the duration of time as deemed n ecessary by a licensed physician. However, such leave shall terminate on the date the individual is no longer eligible for Worker’s Compensation benefits. (1) Supplemental Payments Prohibited. An employee covered by this Act shall be paid from their employing agency; and any monthly payments issued pursuant to this Act shall be in place of, and not in addition to, any monthly payments authorized by the Worker's Compensation Program, not to include payments issued to cover the cost of medical treatment. (2) Periodic Review. The Department of Labor Worker’s Compensation Commission is hereby authoriz ed to conduct independent, periodic reviews once every three COL5/12/202022 GCA

of medical treatment. (2) Periodic Review. The Department of Labor Worker’s Compensation Commission is hereby authoriz ed to conduct independent, periodic reviews once every three COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (3) to six (6) months to assess the severity of the individual’s medical condition resulting from the w orkplace injury. Such review may include requiring claimants to submit periodic surveys developed by the Department or their employer to assist with assessing the medical condition of the employee; such survey shall be completed and signed by the attending physician. (3) Penalties. Any person, including an employee, employer, medical case manager, health care provide r, vocational rehabilitation provider, or workers' com pensation insurance carrier who, knowingly and with intent to defraud, makes a false statement or representation for the purpose of obtaining, affecting, or denying any ben efit or payment under the provisions of this Chapter, eithe r for her or himself or for any other person, shall forfeit all benefits or payments obtained as a result of the false state ment or representation and all or a portion of any right to

Chapter, eithe r for her or himself or for any other person, shall forfeit all benefits or payments obtained as a result of the false state ment or representation and all or a portion of any right to compensation under the provisions of this Chapter a s determined by Director and: (i) for fraud involving Ten Thousand Dollars ($10,000) or more, be fined not more than One Hundred Thousand Dollars ($100,000) or imprisoned not more than three (3) years, or both; and (ii) for fraud involving less than Ten Thousand Dollars ($10,000), be fined not more than Ten Thousand Dollars ($10,000) or imprisoned not more than two (2) years, or both. SOURCE : GC § 37003. Subsection (j) amended by P.L. 13-041 :1 (July 1, 1975). P.L. 16-001:4 (Feb 9, 1981) repealed sub section (h) and renumbered subsections (i) and (j) appropriately. Subsection (j) added by P.L. 31-077:XII:41 (Sept. 20, 2011). 2020 NOTE: References to 'territory' in subsections (b), (c) , and (d) removed and altered to 'Guam' pursuant to 1 GCA § 4 20. § 9105. Liability for Compensation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (a) Every employer shall be liable for and shall se cure payment to his employees

GCA § 4 20. § 9105. Liability for Compensation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (a) Every employer shall be liable for and shall se cure payment to his employees of the compensation payabl e under §§ 9108, 9109, and 9110. In the case of an employer wh o is a subcontractor, the contractor shall be liable for a nd shall secure payment of such compensation to employees of the subcontractor unless the subcontractor has secured such payment. (b) Compensation shall be payable irrespective of f ault as to the cause of the injury. (c) [Repealed.] (d) [Repealed.] SOURCE : GC § 37004. Subsections (c) and (d) added by P.L. 25- 003:IV:1 (Mar. 25, 1999) and repealed by P.L. 25-09 1:3 (Dec. 22, 1999). § 9106. Exclusiveness of Liability. The liability of an employer prescribed in § 9104 s hall be exclusive and in place of all other liability of su ch employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, any and all third party cl aimants who may generally possess a claim for contribution amon g joint tortfeasors against the employer, or anyone otherwi se entitled to recover damages from such employer at law or

third party cl aimants who may generally possess a claim for contribution amon g joint tortfeasors against the employer, or anyone otherwi se entitled to recover damages from such employer at law or in adm iralty on account of such injury or death; provided that, if an employer fails to secure payment of compensation as required by this Title, an injured employee or his legal representative, in case death results from the injury, any elect to claim compens ation under this Title, or to maintain an action at law or in a dmiralty for damages on account of such injury or death. In such action, the defendant may not plead as a defense that the injur y was caused by the negligence of a fellow servant, nor that the employee assumed the risk of his employment, nor that the in jury was due to the contributory negligence of the employee. SOURCE : GC § 37005. Amended by P.L. 19-035:1 (Dec. 30, 19 88). § 9107. Time for Commencement of Compensation: Maximum and Minimum Compensation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (a) No compensation shall be allowed for the first three (3) days of the disability, except for the benefits pro vided for in § 9108; provided,

2 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (a) No compensation shall be allowed for the first three (3) days of the disability, except for the benefits pro vided for in § 9108; provided, however, that in case the injury re sults in disability of more than fourteen (14) days, the com pensation shall be allowed from the date of disability. (b)(1) Compensation for disability shall not exceed Five Hundred Twenty Dollars ($520) per week on the effec tive date of this Act, which shall increase to One Thousand Eleven Dollars ($1,011) per week effective October 1, 2021 . (2) If the employee’s average weekly wages, as computed under § 9111, are less than the amount equ ivalent to twenty (20) hours times sixty-six and two-thirds (66-2/3) per centum of the prevailing minimum wage (20 hours x 66.75% x Minimum Wage), per week, he or she shall receive as compensation for permanent total disabil ity not less than the amount equivalent to twenty (20) hour s times sixty-six and two-thirds (66-2/3) per centum of the prevailing minimum wage (20 hours x 66.75% x Minimu m Wage), per week. (3) The Bureau of Budget and Management Research (BBMR) shall transmit to I Liheslaturan Guåhan a

rds (66-2/3) per centum of the prevailing minimum wage (20 hours x 66.75% x Minimu m Wage), per week. (3) The Bureau of Budget and Management Research (BBMR) shall transmit to I Liheslaturan Guåhan a fiscal note relative to each of the rate increases pursuan t to Subsection (b)(1) of this Section, which shall indicate the effect upon the revenues or the expenditure of any funds of the government of Guam. Such fiscal notes shall be transmitted to I Liheslaturan Guåhan within six (6) months of the effective date of each rate increase. SOURCE : GC § 37006. Subsection (a) repealed and reenacted by P.L. 16-001:5 (Feb. 9, 1981); subsection (b) amended by P.L. 16-001:6 (Feb. 9, 1981). Amended by P.L. 19-035:2 (Dec 30, 1988), amended by P.L. 35-065:2 (Feb. 12, 2020). 2020 NOTE: The amendment pursuant to P.L 35-065 (Feb. 12, 202 0) shall apply to claims filed 120 days after enactmen t. § 9108. Medical Services and Supplies. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (a) The employer shall furnish such medical, surgic al, and other attendance or treatment, nurse, hospital serv ice, medicine, crutches, and apparatus for such period as the natu re of the injury or

(a) The employer shall furnish such medical, surgic al, and other attendance or treatment, nurse, hospital serv ice, medicine, crutches, and apparatus for such period as the natu re of the injury or the process of recovery may require. If the empl oyer fails to provide the same, after request by the injured empl oyee, such injured employee may do so at the expense of the em ployer. The employee shall not be entitled to recover any amoun t expended by him for such treatment or services unless he sha ll have requested the employer to furnish the same and the employer shall have refused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge o f such injury shall have neglected to provide the same; no r shall any claim for medical or surgical treatment be valid an d enforceable, as against such employer, unless, within twenty (20 ) days following the first treatment, the physician giving such treatment shall furnish to the employer and the Commission a report of such injury and treatment, on a form prescribed by the Commission.

days following the first treatment, the physician giving such treatment shall furnish to the employer and the Commission a report of such injury and treatment, on a form prescribed by the Commission. The Commissioner may, however, excuse t he failure to furnish such report within twenty (20) d ays when he finds it to be in the interest of justice to do so, and he may, upon application by a party in interest, make an award f or the reasonable value of such medical or surgical treatm ent so obtained by the employee. If at any time during suc h period the employee unreasonably refuses to submit to medical or surgical treatment, the Commissioner may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be pai d at any time during the period of such suspension, unless the ci rcumstances justified the refusal. (b) Whenever, in the opinion of the Commissioner, a physician has not impartially estimated the degree of permanent disability or the extent of temporary disability of any injured employee, the Commissioner shall have the power to cause such employee to be examined by a physician selected by the Commissioner

anent disability or the extent of temporary disability of any injured employee, the Commissioner shall have the power to cause such employee to be examined by a physician selected by the Commissioner and to obtain a report containing his estimate of such disabilities. If the report of such physician shows that the COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION estimate of the physician has not been impartial fr om the standpoint of such employee, the Commissioner shall have the power, in his discretion, to charge the cost of suc h examination to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk. (c) All fees and other charges for treatment or ser vice shall be limited to such charges as prevail in the same c ommunity for similar treatment of injured persons of like standa rd of living, and shall be subject to regulations by the Commissi oner. (d) The liability of an employer for medical treatm ent as herein provided shall not be affected by the fact t hat his employee was injured through the fault or negligenc e of a third party, not in the same employ, unless and until not ice of election to sue has been given or

all not be affected by the fact t hat his employee was injured through the fault or negligenc e of a third party, not in the same employ, unless and until not ice of election to sue has been given or suit has been brought agai nst such third party without the giving of such notice. The employ er shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical tr eatment in like manner as provided in § 9134 of this law. (e) When an employee of the government of Guam suff ers an injury as defined in § 9103(m) of this Chapter, his or her department head or other supervisor shall send him or her to the emergency room or an urgent care facility at the Gu am Memorial Hospital, or any private hospital operating in Guam , for such examination and treatment as are made necessary by such injury, and shall furnish to the hospital such information or certif ication as the hospital requires. SOURCE : GC § 37007. Subsection (e) added by P.L. 35-065:7 (Feb. 12, 2020). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. § 9109. Compensation for Disability.

) added by P.L. 35-065:7 (Feb. 12, 2020). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. § 9109. Compensation for Disability. Compensation for disability shall be paid to the em ployee as follows: (a) Permanent total disability. In case of total disability, adjudged to be permanent, sixty-six and two- COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION thirds (66-2/3) per centum of his average weekly wa ges shall be paid to the employee during the continuanc e of such total disability. Loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any tw o (2) thereof shall, in the absence of conclusive proof t o the contrary, constitute permanent total disability. In all other cases, permanent total disability shall be determin ed in accordance with the facts. (b) Temporary total disability. In case of disabili ty total in character but temporary in quality, sixty-six an d two- third (66-2/3) per centum of the average weekly wag es shall be paid to the employee during the continuance ther eof. (c) Permanent partial disability.

r but temporary in quality, sixty-six an d two- third (66-2/3) per centum of the average weekly wag es shall be paid to the employee during the continuance ther eof. (c) Permanent partial disability. In case of disabi lity partial in character but permanent in quality, the compensation shall be sixty-six and two-thirds (66- 2/3) per centum of the average weekly wages, which shall be in addition to compensation for temporary total disabi lity or temporary partial disability paid in accordance wit h subsection (b) or subsection (e) of this section re spectively and shall be paid to the employee as follows: (1) Arm lost, two hundred eighty (280) weeks compensation. (2) Leg lost, two hundred forty-eight (248) weeks compensation. (3) Hand lost, two hundred twelve (212) weeks compensation. (4) Foot lost, one hundred seventy-three (173) weeks compensation. (5) Eye lost, one hundred forty (140) weeks compensation. (6) Thumb lost, fifty-one (51) weeks compensation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (7) First finger lost, twenty-eight (28) weeks compensation. (8) Great toe lost, twenty-six (26) weeks compensation.

compensation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (7) First finger lost, twenty-eight (28) weeks compensation. (8) Great toe lost, twenty-six (26) weeks compensation. (9) Second finger lost, eighteen (18) weeks compensation. (10) Third finger lost, seventeen (17) weeks compensation. (11) Toe other than great toe lost, eight (8) weeks compensation. (12) Fourth finger lost, seven (7) weeks compensation. (13) Loss of hearing. Compensation for loss of hearing of one (1) ear, fifty-two (52) weeks. Compensation for loss of hearing of both ears, two hundred (200) weeks. (14) Phalanges. Compensation for loss of more than one phalange of a digit shall be the same as f or loss of the entire digit. Compensation for loss of the first phalange of a digit shall be one-half (1/2) o f the compensation for loss of the entire digit. (15) Amputated arm or leg. Compensation for an arm or a leg, if amputated at or above the elbow or the knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist o r the knee and the ankle, compensation shall be the s ame as for loss of a hand or foot.

e knee, shall be the same as for a loss of the arm or leg; but, if amputated between the elbow and the wrist o r the knee and the ankle, compensation shall be the s ame as for loss of a hand or foot. (16) Binocular vision or per centum of vision. Compensation for loss of binocular vision or for ei ghty (80) per centum or more of the vision of an eye sha ll be the same as for loss of the eye. (17) Two (2) or more digits. compensation for loss of two (2) or more digits, or one (1) or more COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION phalanges of two (2) or more digits, of a hand or f oot may be proportioned to the loss of use of the hand or foot. (18) Total loss of use. Compensation for permanent total loss of use of a member shall be th e same as for loss of the member. (19) Partial loss or partial loss of use. Compensation for permanent partial loss or loss of use of a member may be for proportionate loss or loss o f use of the member. (20) Disfigurement. The Commissioner shall award proper and equitable compensation for serious , permanent disfigurement of the face, head, or other parts of the body that are customarily visible in t he course of employment,

mmissioner shall award proper and equitable compensation for serious , permanent disfigurement of the face, head, or other parts of the body that are customarily visible in t he course of employment, not to exceed Twenty-five Thousand Dollars ($25,000). (21) Other cases. In all other cases of permanent partial disability the compensation shall be two-th irds (2/3) of the difference between the employee's aver age weekly wages and his wage-earning capacity thereaft er in the same employment or otherwise, payable during the continuance of such partial disability; provide d that, compensation payments shall be subject to reconsideration as to the degree of such impairment by the Commissioner on his own motion or upon application of any party in interest. (22) In any case in which there shall be a loss of, or loss of use of, more than one (1) member or part s of more than one member set forth in paragraphs (1) to (19) of this subsection, not amounting to permanent total disability, the award of compensation shall b e for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively, exce pt that where the injury affects only two (2) or more

award of compensation shall b e for the loss of, or loss of use of, each such member or part thereof, which awards shall run consecutively, exce pt that where the injury affects only two (2) or more COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION digits of the same hand or foot, paragraph (17) of this subsection shall apply. (d) An award for disability may be made after the death of the injured employee. Any compensation to which any deceased claimant would be entitled under subse ction (c), excepting paragraph (c-21), shall, notwithstan ding death arising from cause other than the injury, be payabl e to and for the benefit of the persons following: (1) If there be surviving wife or dependent husband, and no child of the deceased under the age of eighteen (18) years, to such wife or dependent husband. (2) If there be a surviving wife or dependent husband, and surviving child or children of the deceased under the age of eighteen (18) years, one- half (1/2) shall be payable to the surviving wife or dependent husband and the other half to the survivi ng child or children.

d or children of the deceased under the age of eighteen (18) years, one- half (1/2) shall be payable to the surviving wife or dependent husband and the other half to the survivi ng child or children. (3) The Commissioner may in his discretion require the appointment of a guardian for the purpo se of receiving the compensation of a minor child. In the absence of such a requirement the appointment for such a purpose shall not be necessary. (4) If there be a surviving child or children of th e deceased under the age of eighteen (18) years, but no surviving wife or dependent husband, then to such child or children. (e) Temporary partial disability. In case of tempor ary partial disability resulting in decrease of earning capacity, the compensation shall be two-thirds (2/3) of the d ifference between the injured employee's average weekly wages before the injury and his wage-earning capacity aft er the injury in the same or another employment. Compensat ion shall be paid during the continuance of such disabi lity, not longer than five (5) years. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (f) Injury increasing disability.

at ion shall be paid during the continuance of such disabi lity, not longer than five (5) years. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (f) Injury increasing disability. (1) if an employee receives an injury which of itself would only cause permanent partial disabilit y but which, combined with a previous disability, does in fact cause permanent total disability, the employer shall provide compensation only for the disability caused by the subsequent injury: Provided, however, that in addition to compensation for such permanent partial disability, and after the cessation of the payments for the prescribed period of weeks, the employee shall be paid the remainder of the compensation that would be due for permanent total disability. Such additional compensation shall be p aid out of the special fund establish in § 9143. (2) In all other cases in which, following a previous disability, an employee receive an injury which is not covered by (1) of this subsection, the employer shall provide compensation only for the disability caused by the subsequent injury. In determining compensation for the subsequent injury or for death resulting therefrom, the

ubsection, the employer shall provide compensation only for the disability caused by the subsequent injury. In determining compensation for the subsequent injury or for death resulting therefrom, the average weekly wages shall be such sum as will reasonably represen t the earning capacity of the employee at the time of the subsequent injury. (g) Maintenance for employees undergoing vocational rehabilitation. An employee who as a result of inju ry is or may be expected to be totally or partially incapaci tated for a remunerative occupation and two under the direction of the Commission, as provided by § 9141(c) of this Title, is being rendered fit to engage in a remuneration occupation shall receive additional compensation necessary for his maintenance, but such additional compensation shall not exceed Fifty dollars ($50.00) per week. (h) The wage-earning capacity of an injured employe e in cases of partial disability under subsection (c) (21) of this section or under subsection (e) of this section sha ll be COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION determined by his actual earnings if such actual ea rnings fairly and reasonably represent his wage-earning

this section sha ll be COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION determined by his actual earnings if such actual ea rnings fairly and reasonably represent his wage-earning ca pacity: Provided that, if the employee has no actual earnin gs or if his actual earnings do not fairly and reasonably re present his wage-earning capacity, the Commissioner may, in the interest of justice, fix such wage-earning capacity as shall be reasonable, having due regard to the nature of h is injury, the degree of physical impairment, his usual employ ment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabl ed condition including the effect of disability as it may naturally extend into the future. (i) In cases under subsection (c)(21) and subsectio n (e) of this section, whenever the commissioner determin es that it is for the best interest of an injured employee entitled to compensation, he may, with the approval of the Commission, approve agreed settlements of the inter ested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of § 9 116(b) and § 9117 of this

the Commission, approve agreed settlements of the inter ested parties, discharging the liability of the employer for such compensation, notwithstanding the provisions of § 9 116(b) and § 9117 of this Title; provided, that the sum so agreed upon shall be payable in installments as provided i n § 9115(b), which installments shall be subject to com mutation under § 9115(j); and provided further, that if the employee should die from causes other than the injury after the Commissioner has approved an agreed settlement as provided for herein, the sum so approved shall be p ayable, in the manner prescribed in this subsection, to and for the benefit of the persons enumerated in subsection (d) of this section. SOURCE : GC § 37008. Subsection (c)(20) repealed and reena cted by P.L. 19-035:3 (Dec. 30, 1988); subsection (g) repea led and reenacted by P.L. 19-035:4 (Dec. 30, 1988). Subsection (c)(20) a mended by P.L. 35- 065:3 (Feb. 12, 2020). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected typographical and/or ma nifest errors

12, 20 20) shall apply to claims filed 120 days after enactmen t. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected typographical and/or ma nifest errors in the COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION following subsections: removing a comma in (a); ad ding 'loss of' in (c)(22); adding 'a remuneration occupation shall re ceive additional'; and adding 'if' to (g). SOURCE: Subsection (c)(20) amended by P.L. 35-065:3 (Feb. 12, 2020). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. § 9110. Compensation for Death. If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amou nt and to or for the benefit of the persons following: (a) Reasonable funeral expenses not exceeding Seven Thousand Four Hundred Thirty-five Dollars ($7,435). (b) If there be a surviving spouse and no surviving dependent child of the deceased; to the surviving s pouse thirty-five (35) percentum of the average wages of the deceased until death or remarriage; and if there be a surviving dependent child or dependent children

of the deceased; to the surviving s pouse thirty-five (35) percentum of the average wages of the deceased until death or remarriage; and if there be a surviving dependent child or dependent children of the deceased, the additional amount of fifteen (15) per centum of such wage for each child. In the case of the dea th or remarriage of such surviving spouse, if there be on e (1) surviving dependent child of the deceased employee, such child shall have his compensation increased to thir ty-five (35) percentum of such wages; and if there be more than one (1) surviving dependent child of the deceased employee, to such dependent children in equal parts , thirty- five (35) percentum of such wages, increased by fif teen (15) percentum of such wages for each dependent child in excess of one (1); provided that, the total amount payable shall in no case exceed two-thirds (2/3rds) of such wages. T he Commissioner, may, at his discretion, require the appointment of a guardian for the purpose of receiv ing the compensation of a minor child. In the absence of su ch a requirement, the appointment of a guardian for such purposes shall not be necessary. COL5/12/202022 GCA BUSINESS REGULATIONS CH.

eceiv ing the compensation of a minor child. In the absence of su ch a requirement, the appointment of a guardian for such purposes shall not be necessary. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (c) If there be one (1) surviving dependent child o f the deceased, but no surviving spouse, then for the sup port of such dependent child, thirty-five (35) percentum of the wages of the deceased. If there be more than one (1 ) surviving dependent child of the deceased, but no s urviving spouse, then for the support of such wages for each dependent child in excess of one. The total amount payable under this Section shall in no case exceed two-thir ds (2/3rds) of such wages. (d) If there be no surviving spouse or dependent children, or if the amount payable to a surviving s pouse or to the dependent children shall be less in the aggr egate than sixty-six (66) and two-thirds (2/3rds) percentum of the average wages of the deceased; then for the support of surviving dependent grandchildren or surviving depe ndent brothers and sisters, if they were dependent upon t he deceased at the time of the injury, fifteen (15) pe rcentum of such wages for the support of each

ependent grandchildren or surviving depe ndent brothers and sisters, if they were dependent upon t he deceased at the time of the injury, fifteen (15) pe rcentum of such wages for the support of each such person; and for the support of each surviving dependent parent, or gran dparent of the deceased if they were dependent upon him at the time of the injury, twenty-five (25) percentum of such w ages during such dependence. But in no case shall the ag gregate amount payable under this Section exceed the differ ence between two-thirds (2/3rds) of such wages and the a mount payable as hereinbefore provided to surviving spous e and for the support of surviving dependent child or chi ldren. (e) In computing death benefits, the average weekl y wages of the deceased shall be considered to have been not more than Seven Hundred Seventy-five Dollars ($775) per week nor less than Four Hundred Sixty-five Dollars ($465) per week. (f) All questions of dependency shall be determined as of the time of the injury. (g) Aliens. Compensation under this Title to aliens , not resident (or about to become non-residents) of the United States, Guam, or Canada, shall be the same amount a s provided for

e of the injury. (g) Aliens. Compensation under this Title to aliens , not resident (or about to become non-residents) of the United States, Guam, or Canada, shall be the same amount a s provided for residents; provided that, dependents i n any COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION foreign country shall be limited to the surviving s pouse and surviving dependent child or children, or if there be no surviving spouse or dependent child or children, to surviving dependent parents whom the employee has supported, either wholly or in part, for the period of one (1) year prior to the date of the injury; and provided that, the Commissioner may, at his option or upon the applica tion of an insurance carrier, commute all future installmen ts of compensation to be paid to such aliens by paying or causing to be paid to them one-half (1/2) of the commuted a mounts of such future installments of compensation as dete rmined by the Commission. SOURCE : GC § 37009. Subsection (a) amended by P.L. 16-001 :7 (Feb. 9, 1981); subsection (e) amended by P.L. 16-001:8 ( Feb. 9, 1981). Repealed and reenacted by P.L. 19-035:5 (Dec. 30, 1 988).

ssion. SOURCE : GC § 37009. Subsection (a) amended by P.L. 16-001 :7 (Feb. 9, 1981); subsection (e) amended by P.L. 16-001:8 ( Feb. 9, 1981). Repealed and reenacted by P.L. 19-035:5 (Dec. 30, 1 988). Subsections (a) and (e) amended by P.L. 35-065:4 (Feb. 12, 2020 ). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. Pursuant to the authority granted by 1 GCA § 1606, the previous Compiler corrected a manifest error in subsection ( g). The reference to 'the Territory of' in subsection ( g) removed pursuant to 1 GCA § 420. § 9111. Determination of Pay. Except as otherwise provided in this Title, the ave rage weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute c ompensation and shall be determined as follows: (a) If the injured employee shall have worked in th e occupation in which he was working at the time of t he injury, whether for the same or another employer, d uring substantially the whole of the year immediately pre ceding his injury, his average annual earnings shall consi st of three hundred (300) times the average daily wage or salar y for a six

yer, d uring substantially the whole of the year immediately pre ceding his injury, his average annual earnings shall consi st of three hundred (300) times the average daily wage or salar y for a six (6) day worker and two hundred sixty (260) time s the average daily wage or salary for a five (5) day wor ker, COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION which he shall have earned in such employment durin g the days when so employed. (b) If the injured employee shall not have worked i n such occupation during substantially the whole of s uch year, his average annual earnings if a six (6) day worker , shall consist of three hundred (300) times the average da ily wage or salary; and if a five (5) day worker, two hundre d and sixty (260) times the average daily wage or salary, which an employee of the same class working substantially th e whole of such immediately preceding year in the same or i n similar occupation in the same or a neighboring pla ce shall have earned in such employment during the days when so employed. (c) If either of the foregoing methods of arriving at the average annual earnings of the injured employee can not reasonably and fairly be

earned in such employment during the days when so employed. (c) If either of the foregoing methods of arriving at the average annual earnings of the injured employee can not reasonably and fairly be applied, such average annu al earnings shall be such sum as shall reasonably repr esent the annual earning capacity of the injured employee, ha ving regard to the previous earnings of the injured empl oyee in the occupation in which he was working at the time of the injury, and of other employees of the same or most similar class working in the same or similar occupation in the same or neighboring locality, or other employment of suc h employee, including the reasonable value of the ser vices of the employee if engaged in self-employment. (d) The average weekly wages of an employee shall b e one fifty-second (1/52) part of his average annual earnings. (e) If it be established that the injured employee was a minor when injured, and that under normal condition s his wages should be expected to increase during the per iod of disability, the fact may be considered in arriving at his average weekly wages. SOURCE : GC § 37010. § 9112. Guardian for Minor or Incompetent.

es should be expected to increase during the per iod of disability, the fact may be considered in arriving at his average weekly wages. SOURCE : GC § 37010. § 9112. Guardian for Minor or Incompetent. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION The Commissioner may require the appointment of a guardian or other representative, by a court of com petent jurisdiction, for any person who is mentally incomp etent or a minor; such guardian or representative to receive c ompensation payable to such person under this Title and to exer cise the powers granted to, or perform the duties required o f, such person under this Title. SOURCE : GC § 37011. § 9113. Notice of Injury or Death. (a) Notice of an injury or death for which compensa tion is payable under this Title, shall be given within thi rty (30) days after the date of such injury or death (1) to the C ommissioner and (2) to the employer. (b) Such notice shall be in writing; shall contain the name and address of the employee and a statement of the time, place, nature, and cause of the injury or death; and shall be signed by the employee or by some person on his behalf, or in case of death, by any person

s of the employee and a statement of the time, place, nature, and cause of the injury or death; and shall be signed by the employee or by some person on his behalf, or in case of death, by any person claiming to be entitled to com pensation for such death or by a person on his behalf. (c) Notice shall be given to the Commissioner by de livering it to him or sending it by mail, addressed to his o ffice; and to the employer by delivering it to him or by sending it b y mail, addressed to him at his last known place of busines s. If the employer is a partnership, such notice may be given to any partner, or if a corporation, such notice may be gi ven to any agent or officer thereof upon whom legal process ma y be served or who is in charge of the business in the place wh ere the injury occurred. (d) Failure to give such notice shall not bar any c laim under this Title (1) if the employer (or his agent in cha rge of the business in the place where the injury occurred) or the carrier had knowledge of the injury or death, and the Commi ssioner determines that the employer or carrier has not bee n prejudiced by failure to give such notice, or (2) if the Commi ssioner excuses such failure

owledge of the injury or death, and the Commi ssioner determines that the employer or carrier has not bee n prejudiced by failure to give such notice, or (2) if the Commi ssioner excuses such failure on the ground that for some satisfacto ry reason such COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION notice could not be given, or (3) if objection to s uch failure is not raised before the Commissioner at the first hearing of a claim for compensation in respect of such injury or death. SOURCE : GC § 37012. § 9114. Time for Filing of Claims. (a) The right of compensation for disability and de ath under this Title shall be barred unless a claim therefor is filed within one (1) year after medical knowledge of disability or death. The time for filing a claim shall not begin to run unti l the employee or beneficiary becomes aware of the relationship be tween the injury or death and the employment. If payment of c ompensation has been made without an award on account of such i njury or death, a claim may be filed within one (1) year aft er the date of the last payment. Such claim shall be filed with th e Commissioner.

ion has been made without an award on account of such i njury or death, a claim may be filed within one (1) year aft er the date of the last payment. Such claim shall be filed with th e Commissioner. For the purposes of Chapter 32, Title 10, Guam Code Annotated, notice of exposure where no disabil ity or death is immediately medically apparent, shall not consti tute medical knowledge of disability or death. (b) Notwithstanding the provisions of subsection (a ) of this section, failure to file a claim within the period prescribed in such subsection shall not be a bar to such right un less objection to such failure is made at the first hearing of suc h claim in which all parties in interest are given reasonable notice and opportunity to be heard. (c) If a person who is entitled to compensation und er this Title is mentally incompetent or a minor, the provi sions of subsection (a) of this section shall not be applica ble so long as such person has no guardian or other authorized rep resentative, but shall be applicable, in the case of a person wh o is mentally incompetent or a minor, from the date of appointmen t of such guardian or other representative; or in the case of a minor,

sentative, but shall be applicable, in the case of a person wh o is mentally incompetent or a minor, from the date of appointmen t of such guardian or other representative; or in the case of a minor, where no guardian is appointed before he becomes of age, from the date he becomes of age. (d) When recovery is denied to any person, in a sui t brought at law or in admiralty to recover damages in respec t of injury or COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION death, on the ground that such person was an employ ee and that the defendant was an employer within the meaning of this Title and that such employer had secured compensation to such employee under this Title, the limitation of time p rescribed in subsection (a) of this section shall begin to run o nly from the date of termination of such suit. SOURCE : GC § 37013. Subsection (a) amended by P.L. 20-110 :7 (Oct. 17, 1989). § 9115. Payment of Compensation. (a) Compensation under this Title shall be paid per iodically, promptly, and directly to the person entitled there to, without an award, except where liability to pay compensation i s controverted by the employer.

on under this Title shall be paid per iodically, promptly, and directly to the person entitled there to, without an award, except where liability to pay compensation i s controverted by the employer. (b) The first installment of compensation shall bec ome due on the fourteenth (14th) day after the employer has knowledge of the injury or death, on which date all compensation then due shall be paid. Thereafter, compensation shall be pa id in semi- monthly installment except where the Commissioner d etermines that payment in installments should be made monthly or at some other interval. (c) Upon making the first payment, and upon suspens ion of payment for any cause, the employer shall immediate ly notify the Commissioner, in accordance with a form prescri bed by the Commission, that payment of compensation has begun or has been suspended, as the case may be. (d) If the employer controverts the right to compen sation, he shall file with the Commissioner, on or before the fourteenth (14th) day after he has knowledge of the alleged in jury or death, a notice in accordance with a form prescribed by th e Commission, stating that the right to compensation is controverted, the name of the

) day after he has knowledge of the alleged in jury or death, a notice in accordance with a form prescribed by th e Commission, stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death, and the grounds upon which the right to compensation is controverte d. (e) If any installment of compensation payable with out an award is not paid within fourteen (14) days after i t becomes due, COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION as provided in subsection (b) of this section, ther e shall be added to such unpaid installment an amount equal to ten ( 10) per centum thereof, which shall be paid at the same tim e as, but in addition to, such installment unless notice is file d under subsection (d) of this section, or unless such nonp ayment is excused by the Commissioner after a showing by the employer that owing to conditions over which he had no contr ol such installment could not be paid within the period pre scribed for the payment. (f) If any compensation, payable under the terms of an award, is not paid within ten (10) days after it be comes due, there shall be added to

ot be paid within the period pre scribed for the payment. (f) If any compensation, payable under the terms of an award, is not paid within ten (10) days after it be comes due, there shall be added to such unpaid compensation an amount equal to twenty (20) per centrum thereof which shal l be paid at the same time as, but in addition to, such compensa tion unless review of the compensation order making such award is had as provided in § 9122, and an interlocutory injunction staying payment is allowed by the court as provided therein . (g) Within sixteen (16) days after final payment of compensation has been made, the employer shall send to the Commissioner a notice, in accordance with a form pr escribed by the Commission, stating that such final payment has been made, the total amount of compensation paid, the name of the employee, and of any other person to whom compensat ion has been paid, the date of the injury or death, and the date up to which compensation has been paid. If the employer f ails to notify the commissioner within such time the Commis sion shall assess against such employer a civil penalty in the amount of one hundred dollars ($100.00).

on has been paid. If the employer f ails to notify the commissioner within such time the Commis sion shall assess against such employer a civil penalty in the amount of one hundred dollars ($100.00). (h) The Commissioner (1) may upon his own initiativ e at any time in a case in which payments are being made without an award and (2) shall in any case where right to comp ensation is controverted, or where payments of compensation hav e been stopped or suspended, upon receipt of notice from a ny person entitled to compensation, or from the employer that the right to compensation is controverted, or that payment of co mpensation has been stopped or suspended, make such investigat ion, cause COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION such medical examinations to be made, or hold such hearings, and take such further action as he considers will p roperly protect the rights of all parties. (i) Whenever the Commissioner deems it advisable he may require any employer to make a deposit with the Tre asurer of Guam to secure the prompt and convenient payment of such compensation; and payments from such deposits upon any awards shall be made by the Treasurer upon order

make a deposit with the Tre asurer of Guam to secure the prompt and convenient payment of such compensation; and payments from such deposits upon any awards shall be made by the Treasurer upon order of the Commissioner. (j) Whenever the Commissioner determines that it is in the interest of justice, the liability of the employer for compensation or any part thereof, as determined by the Commissio ner, may, with the approval of the Commission, be discharged by the payment of a lump sum equal to the present value of future compensation payments computed at four (4) percentu m true discount compounded annually; provided, however, th at with respect to government of Guam employees, no determi nation for a lump sum payment of compensation which is meant t o replace wages may be made, unless a rational basis for such lump sum payment of compensation exists, without which the e mployee’s or employee’s family’s welfare would suffer from th e inability to maintain the level of lifestyle in existence immedi ately prior to the disability. The probability of the death of the injured employee or other person entitled to compensation b efore the expiration of the period during which the

in existence immedi ately prior to the disability. The probability of the death of the injured employee or other person entitled to compensation b efore the expiration of the period during which the employee is entitled to compensation shall be determined in accordance with the American Experience Table of Mortality, and the pro bability of the remarriage of the surviving spouse shall be det ermined in accordance with the Remarriage Tables of the Dutch Royal Insurance Institution. The probability of the happe ning of any other contingency affecting the amount or duration of the compensation shall be disregarded. (k) If the employer has made advance payments of compensation, he shall be entitled to be reimbursed out of any unpaid installment or installments of compensation due. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (l) An injured employee or, in case of death, his d ependents or personal representative shall give receipts for payment of compensation to the employer paying the same and su ch employer shall produce the same for inspection by t he Commissioner, whenever required.

rsonal representative shall give receipts for payment of compensation to the employer paying the same and su ch employer shall produce the same for inspection by t he Commissioner, whenever required. (m) The total compensation, excluding medical servi ces and supplies, payable under this Title for any inju ry or death shall in no event exceed the sum of Two Hundred Six Thousand Five Hundred Seventy Dollars ($206,570). In cases o f disability compensable under § 9109(c)(21), the total compensa tion for such disability, and for any temporary partial disa bility sustained in addition therein, shall not exceed in the aggregate the sum of Two Hundred Six Thousand Five Hundred Seventy Dolla rs ($206,570). (n) [Repealed]. SOURCE : GC § 37014. Subsection (m) amended by P.L. 16-001 :9 (Feb. 9, 1981); repealed and reenacted by P.L. 19-035:6 ( Dec. 30, 1988); amended by P.L. 35-065:5 (Feb. 12, 2020). Subsectio n (n) added by P.L. 25-003:IV:2 (Mar. 25, 1999); repealed by P.L. 25-09 1:IV:3 (Dec. 22, 1999). Subsection (j) repealed and reenacted by P.L . 25-072:IV:01 (Sept. 30, 1999). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb.

:2 (Mar. 25, 1999); repealed by P.L. 25-09 1:IV:3 (Dec. 22, 1999). Subsection (j) repealed and reenacted by P.L . 25-072:IV:01 (Sept. 30, 1999). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. Past publications of the GCA stated subsection (j) was 'amended' by P.L. 25-072; however, review of legislative history indicates this law 'repealed and reenacted' subsection (j). Pursuant to the authority granted by 1 GCA § 1606, the previous Compiler corrected manifest errors in subsection (h ). § 9116. Invalid Agreements. (a) No agreement by an employee to pay any portion of premium paid by his employer to a carrier or to con tribute to a benefit fund or department maintained by such emplo yer for the purpose of providing compensation or medical servic es and supplies as required by this Title shall be valid, and any employer who makes a deduction for such purpose fro m the pay of any employee entitled to the benefits of this Ti tle shall be COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION guilty of a violation, and upon conviction thereof shall be punished by a fine of not more than one thousand

this Ti tle shall be COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION guilty of a violation, and upon conviction thereof shall be punished by a fine of not more than one thousand do llars ($1,000.00). (b) No agreement by an employee to waive his right to compensation under this Title shall be valid. SOURCE : GC § 37015. Subsection (a) amended by P.L. 13-187 :201 (Sept. 2, 1976). § 9117. Assignment and Exemption from Claims of Creditors. No assignment, release, or commutation of compensat ion or benefits due to payable under this Title, except as provided by this Title, shall be valid, and such compensation a nd benefits shall be exempt from all claims of creditors and fr om levy, execution, and attachment or other remedy for recov ery or collection of a debt, which exemption may not be wa ived. SOURCE : GC § 37016. § 9118. Compensation, a Lien Against Assets. Any person entitled to compensation under the provi sions of this Title shall have a lien against the assets of the carrier or employer for such compensation without limit or amo unt, and shall, upon insolvency, bankruptcy, or reorganizati on in bankruptcy proceedings of the carrier or employer, or both,

ts of the carrier or employer for such compensation without limit or amo unt, and shall, upon insolvency, bankruptcy, or reorganizati on in bankruptcy proceedings of the carrier or employer, or both, be entitled to preference and priority in the distribu tion of the assets of such carrier or employer, or both. SOURCE : GC § 37017. § 9119. Collection of Defaulted Payments. In case of default by the employer in the payment o f compensation due under any award of compensation du e under any award of compensation for a period of thirty (3 0) days after the compensation is due and payable, the person to whom such compensation is payable may, within one (1) year af ter such default, make application to the Commissioner for a supplementary order declaring the amount of the def ault. After investigation, notice, and hearing, as provided in § 9120, the COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION Commissioner shall make a supplementary order, decl aring the amount of the default, which shall be filed in the same manner as the compensation order. In case the payment in defa ult is an installment of the award, the Commissioner may, in his discretion, declare the whole

default, which shall be filed in the same manner as the compensation order. In case the payment in defa ult is an installment of the award, the Commissioner may, in his discretion, declare the whole of the award as the a mount in default. The applicant may file a certified copy of such supplementary order with the clerk of the Superior Court. Such supplementary order of the Commissioner shall be fi nal, and the court shall, upon the filing of the copy, enter jud gment for the amount declared in default by the supplementary ord er, if such supplementary order is in accordance with law. Revi ew of the judgment so entered may be had as in civil suits fo r damages at common law. Final proceedings to execute the judgem ent may be had by writ of execution in the form used by the court in suits at common law in actions of assumpsit. No fee shall be required for filing the supplementary order nor for entry of judgment thereon, and the applicant shall not be liable for costs in a proceeding for review of the judgment unless the co urt shall otherwise direct. The court shall modify such judgm ent to conform to any later compensation order upon presen tation of a certified copy thereof to

for review of the judgment unless the co urt shall otherwise direct. The court shall modify such judgm ent to conform to any later compensation order upon presen tation of a certified copy thereof to the court. SOURCE : GC § 37018. § 9120. Procedure in Respect of Claims. (a) Subject to the provisions of § 9114, a claim fo r compensation may be filed with the Commissioner in accordance with regulations prescribed by the Commission at an y time after the first seven (7) days of disability following an y injury, or at any time after death, and the Commissioner shall ha ve full power and authority to hear and determine all questions i n respect to such claim. (b) Within ten (10) days after such claim is filed the Commissioner, in accordance with regulations prescr ibed by the Commission, shall notify the employer and any other person (other than the claimant), whom the Commissioner co nsiders an interested party, that a claim has been filed. Such notice may be COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION served personally upon the employer, or other perso n, or sent to such employer or person by registered mail.

. Such notice may be COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION served personally upon the employer, or other perso n, or sent to such employer or person by registered mail. (c) The Commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon application of any interested party, shall order a hearing thereon. If a hearing on such claim is orde red, the Commissioner shall give the claimant and other inte rested parties at least ten (10) days notice of such hearing, serv ed personally upon the claimant and other interested parties, or sent to such claimant and other interested parties by registered mail, and shall within twenty (20) days after such hearing is had, by order, reject the claim or make an award in respect of the claim. If no hearing is ordered within twenty (20) days after notice is given as provided in subsection (b) of this section, the Com missioner shall, by order, reject the claim or make an award in respect of the claim. (d) At such hearing the claimant and the employer m ay each present evidence in respect of such claim and may b e represented by any person authorized in

aim or make an award in respect of the claim. (d) At such hearing the claimant and the employer m ay each present evidence in respect of such claim and may b e represented by any person authorized in writing for such purpos e. (e) The order rejecting the claim or making the awa rd (referred to in this Title as a compensation order) shall be filed in the office of the Commissioner, and a copy thereof shall be transmitted to the claimant and to the employer by delivery to them in person or by registered mail sent to their last known addresses. (f) An award of compensation for disability may be made after the death of an injured employee. (g) At any time after a claim has been filed with h im, the Commissioner may transfer such case to any member o f the Commission for the purpose of making investigation, taking testimony, making physical examinations or taking s uch other necessary action therein as may be directed. (h) An injured employee claiming or entitled to compensation shall submit to such physical examinat ion, by a medical officer of the Department of Public Health and Social COL5/12/202022 GCA BUSINESS REGULATIONS CH.

mployee claiming or entitled to compensation shall submit to such physical examinat ion, by a medical officer of the Department of Public Health and Social COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION Services, or by a qualified physician designated or approved by the Commission, as the Commissioner may require. Th e place or places of such examination shall be reasonably conv enient for the employee. Such physician or physicians as the e mployee, employer, or carrier may select and pay for may par ticipate in an examination if the employee, employer, or carrier s o requests. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee re fuses to submit to such examination. SOURCE : GC § 37019. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected manifest errors in subs ection (g) § 9121. Presumptions. In any proceeding for the enforcement of a claim fo r compensation under this Title, it shall be presumed , in the absence of substantial evidence to the contrary: (a) That the claim comes within the provision of th is Title.

enforcement of a claim fo r compensation under this Title, it shall be presumed , in the absence of substantial evidence to the contrary: (a) That the claim comes within the provision of th is Title. (b) That sufficient notice of such claim has been g iven. (c) That the injury was not occasioned solely by th e intoxication of the injured employee. (d) That the injury was not occasioned by the willf ul intention of the injured employee to injure or kill himself or another. SOURCE : GC § 37020. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected a manifest error in su bsection (d). § 9122. Review of Compensation Order. (a) A compensation order shall become effective whe n filed in the office of the Commissioner as provided in § 9120, and, unless proceedings for the suspension or setting as ide of such order are instituted as provided in subsection (b) of this section, COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION shall become final at the expiration of the thirtie th (30th) day thereafter. (b) If not in accordance with law, a compensation o rder may be suspended or set aside, in whole or in part, thr ough injunction

ecome final at the expiration of the thirtie th (30th) day thereafter. (b) If not in accordance with law, a compensation o rder may be suspended or set aside, in whole or in part, thr ough injunction proceedings, mandatory or otherwise, brought by any party in interest against the Commissioner, and instituted i n the Superior Court. The orders, writs, and processes of the cour t in such proceedings may run, be served, and be returnable a nywhere in Guam. The payment of the amounts required by an awa rd shall not be stayed pending final decision in any such pr oceeding unless upon application for an interlocutory injunc tion the court, on hearing, after not less than three (3) days noti ce to the parties in interest and the Commissioner, allows the stay o f such payments, in whole or in part, where irreparable da mage would otherwise ensue to the employer. The order of the c ourt allowing any such stay shall contain a specific finding, bas ed upon evidence submitted to the court and identified by r eference thereto, that such irreparable damage would result to the employer, and specifying the nature of the damage.

specific finding, bas ed upon evidence submitted to the court and identified by r eference thereto, that such irreparable damage would result to the employer, and specifying the nature of the damage. (c) If any employer or his officers or agents fail to comply with a compensation order making an award that has become final, any beneficiary of such award or the Commiss ioner may apply to the Superior Court for the enforcement of the order. If the court determines that the order was made and se rved in accordance with law and that such employer or his o fficers or agents have failed to comply therewith, the court s hall enforce obedience to the order by writ of injunction, or by other proper process, mandatory or otherwise, to enjoin upon suc h employer and his officers and agents compliance with the ord er. (d) Proceedings for suspending, setting aside, or e nforcing a compensation order, whether rejecting a claim or ma king an award, shall not be instituted otherwise than as pr ovided than as provided in this section and § 9119. SOURCE : GC § 37021. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 160 6, the previous Compiler corrected a manifest error in sub section (b).

than as provided in this section and § 9119. SOURCE : GC § 37021. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 160 6, the previous Compiler corrected a manifest error in sub section (b). COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION The reference to 'the Territory of' in subsection ( b) removed pursuant to 1 GCA § 420. § 9123. Modification of Awards. Upon his own initiative, or upon the application of any party in interest, on the ground of a change in con ditions or because of a mistake in a determination of fact by the Commissioner, the Commissioner may, at any time pri or to one (1) year after the date of the last payment of comp ensation, whether or not a compensation order has been issued , or at any time prior to one (1) year after the rejection of a claim, review a compensation case in accordance with the procedure prescribed in respect of claims in § 9120, and in accordance w ith such section issue a new compensation order which may te rminate, continue, reinstate, increase, or decrease such com pensation, or award compensation. Such new order shall not affect any compensation previously paid, except that an award increasing the

te rminate, continue, reinstate, increase, or decrease such com pensation, or award compensation. Such new order shall not affect any compensation previously paid, except that an award increasing the compensation rate may be made effective from th e date of the injury; and if any part of the compensation due or to become due is unpaid, an award decreasing the compensation rate may be made effective from the date of the injury, and any payment made prior to the time of the award in excess of su ch decreased rate shall be deducted from any unpaid compensation in such manner and by such method as may be determined by t he Commissioner with the approval of the Commission. SOURCE : GC § 37022. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected a manifest error, where in certain words were inadvertently printed twice. § 9124. Procedure Before the Commissioner. (a) In making an investigation or inquiry, or condu cting a hearing, the Commissioner shall not be bound by com mon law or statutory rules of evidence or by technical or f ormal rule of procedure, except as provided by this Title, but ma y make such investigation or inquiry, or conduct

hall not be bound by com mon law or statutory rules of evidence or by technical or f ormal rule of procedure, except as provided by this Title, but ma y make such investigation or inquiry, or conduct such hearing i n such manner as to best ascertain the rights of the parties. Dec larations of a deceased employee concerning the injury in respect of which the COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION investigation or inquiry is being made, or the hear ing conducted, shall be received in evidence and shall, if corrobo rated by other evidence, be sufficient to establish the injury. (b) Hearings before the Commissioner shall be open to the public and shall be recorded. The Commissioner sha ll, by regulation, provide for the preparation of a record of the hearings and other proceedings before the Commissioner. SOURCE : GC § 37023. Subsection (b) amended by P.L. 26-011 :1 (May 18, 2001). 2020 NOTE: Past publications of the GCA included the followin g as part of the Source note: 'to eliminate the need for atto rneys to preside over hearings and to place this duty with the Commission er.' This language will not be included in future publications of the Source

the Source note: 'to eliminate the need for atto rneys to preside over hearings and to place this duty with the Commission er.' This language will not be included in future publications of the Source annotation. § 9125. Witnesses. No person shall be required to attend as a witness in any proceeding before the Commissioner at a place outsi de Guam; but the testimony of any witness may be taken by de position or interrogatories according to the rules of practice of the Superior Court. SOURCE : GC § 37024. 2020 NOTE: The reference to 'the Territory of' removed pursuan t to 1 GCA § 420. § 9126. Witness Fees. Witnesses summoned in a proceeding before the Commissioner or whose depositions are taken may rec eive the same fees and mileage as witnesses in the Superior Court. SOURCE : GC § 37025. § 9127. Costs in Proceedings Brought Without Reason able Grounds. If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect of such claim or order have been institu ted or continued without reasonable ground, the costs of s uch COL5/12/202022 GCA BUSINESS REGULATIONS CH.

on order determines that the proceedings in respect of such claim or order have been institu ted or continued without reasonable ground, the costs of s uch COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION proceedings shall be assessed against the party who has so instituted or continued such proceedings. SOURCE : GC § 37026. § 9128. Powers of the Commissioner. (a) The Commissioner shall have power to preserve a nd enforce order during any such proceedings; to issue subpoenas for, to administer oaths to, and to compel the atte ndance and testimony of witness, or the production of books, p apers, documents, and other evidence, or the taking of dep ositions before any designated individual competent to admin ister oaths; to examine witnesses; and do all things conformable to law which may be necessary to enable him effectively to discharge the duties of his office. (b) If any person in proceedings before the Commiss ioner disobeys or resists any lawful order or process, or misbehaves during a hearing at or so near the place thereof as to obstruct the same, or neglects to pro duce, after having been or dered to do so, any pertinent book, paper, or document, or

ocess, or misbehaves during a hearing at or so near the place thereof as to obstruct the same, or neglects to pro duce, after having been or dered to do so, any pertinent book, paper, or document, or refuses to appear after having been subpoenaed, or upon appearing ref uses to take the oath as a witness, or after having taken the oa th, refuses to be examined according to law, the commissioner shall c ertify the facts to the Superior Court which shall thereupon i n a summary manner hear the evidence and if in the judgment of the Court, the evidence so warrants, punish such person in the sam e manner and to the same extent as for a contempt committed before the court, or commit such person upon the same conditio ns as if the doing of the forbidden act had occurred with refere nce to the process of or in the presence of the court. SOURCE : GC § 37027. § 9129. Fees for Services. (a) No claim for attorney's fees or for any other s ervices rendered in respect of a claim or award for compens ation, to or on account of any person, shall be valid unless app roved by the Commissioner, whose approval shall not be unreasona bly withheld, or if proceedings for review of the order of the

ompens ation, to or on account of any person, shall be valid unless app roved by the Commissioner, whose approval shall not be unreasona bly withheld, or if proceedings for review of the order of the COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION commissioner in respect of such claim or award are had before any court, unless approved by such court. Any claim s so approved shall, in the manner and to the extent fix ed by the Commissioner or such court, be a lien upon such com pensation. SOURCE : GC § 37028. Amended by P.L. 13-187:202 (Sept. 2, 1976); P.L. 19-035:7 (Dec. 30, 1988). 2008 COMMENT : Public Law 19-35:7 states: 'Section 37208 of the Government Code is amended to read: Section 37208. Fees for Services. (a) No claim . . . .' This amendment made no mentio n of subsection (b), which was in the original GC § 37208 and amended by P.L. 13-187: 202. The effect of P.L. 19-35 was to repeal subsection ( b). For informational purposes subsection (b) states: (b) Any person (1) who receives any fee, other cons ideration, or any gratuity on account of services so rendered, un less such consideration or gratuity is approved by the Commis sioner or such court, or

ny person (1) who receives any fee, other cons ideration, or any gratuity on account of services so rendered, un less such consideration or gratuity is approved by the Commis sioner or such court, or (2) who makes it a business to solicit em ployment for a lawyer or for himself in respect of any claim or aw ard for compensation, shall be guilty of a misdemeanor. § 9130. Record of Injury or Death. Every employer shall keep a record in respect of an y injury to an employee. Such record shall contain such info rmation of disease, other disability, or death in respect of s uch injury as the Commission may by regulation require, and shall be available to inspection by the Commission or by governmental aut hority at such times and under such conditions as the commiss ion may by regulation prescribe. SOURCE : GC § 37029. § 9131. Reports. (a) Within ten (10) days from the date of any injur y or death, or from the date that the employer has knowl edge of a disease or infection in respect of such injury, the employer shall send to the Commission a report setting forth (1) t he name, address, and business of the employer; (2) the name , address, and occupation of the employee; (3) the cause

ch injury, the employer shall send to the Commission a report setting forth (1) t he name, address, and business of the employer; (2) the name , address, and occupation of the employee; (3) the cause and n ature of the injury or death; (4) the year, month, day, and hour , and the particular locality where the injury or death occur red; and (5) such other information as the Commission may requir e. A copy COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION of such report shall be sent at the same time to th e Commissioner. (b) Additional reports in respect of such injury an d of the condition of such employee shall be sent by the emp loyer to the Commission at such times and in such manner as the Commission may prescribe. (c) Any report provided for in subsection (a) or (b ) shall not be evidence of any fact stated in such report in an y proceeding in respect of any such injury or death for which the r eport is made. (d) The mailing of any such report and copy in a st amped envelope, within the time prescribed in subsection (a) or (b), to the Commission, shall be a compliance with this sec tion.

r eport is made. (d) The mailing of any such report and copy in a st amped envelope, within the time prescribed in subsection (a) or (b), to the Commission, shall be a compliance with this sec tion. (e) Any employer who fails or refuses to send any r eport required of him by this section shall be subject to a civil penalty not to exceed five hundred dollars ($500.00) for ea ch such failure or refusal. (f) Where the employer or the carrier has been give n notice, or the employer (or his agent in charge of the busi ness in the place where the injury occurred) or the carrier has knowledge, of any injury or death of an employee and fails, negle cts, or refuses to file report thereof as required by the provision s of subsection (a) of this section, the limitations in subsection (a) of § 9114 of this Title shall not begin to run against the claim of the injured employee or his dependents entitled to compensation , or in favor of either the employee or the carrier, until such r eport shall have been furnished as required by the provisions of sub section (a) of this section. SOURCE : GC § 37030.

o compensation , or in favor of either the employee or the carrier, until such r eport shall have been furnished as required by the provisions of sub section (a) of this section. SOURCE : GC § 37030. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected a manifest error in sub section (f). An annotation in the hardcover print publication of the Government Code erroneously states that P.L. 9-238 amended GC § 37030, the source of this provision; however, P.L. 9-238 actually am ended §'37039(b) § 9132. Penalty for Misrepresentation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION Any person who wilfully makes any false or misleadi ng statement or representation for the purpose of obta ining any benefit or payment under this Title, or for the pur pose of evading liability for any benefit or payment under this Tit le, shall be guilty of a misdemeanor. SOURCE : GC § 37031. Amended by P.L. 13-187:203 (Sept. 2, 1976). § 9133. Security for Compensation. (a) Every employer shall secure the payment of compensation under this Title: (1) By insuring and keeping insured the payment of such compensation with any stock corporation or

rity for Compensation. (a) Every employer shall secure the payment of compensation under this Title: (1) By insuring and keeping insured the payment of such compensation with any stock corporation or mut ual association authorized by the Commission to transac t the business of workers’ compensation insurance in Guam . (2) By obtaining and keeping in force guarantee insurance with any company authorized by the Com mi ssion to do such guarantee business within Guam. (3) The government of Guam may make compensation payments under the provisions of this Title from th e special fund referred to in § 9143. (b) In granting authorization to any carrier to ins ure payment of compensation under this Title, the Commi ssion may take into consideration the recommendation of any a uthority having supervision over carriers or over workers’ c ompensation, and may authorize any carrier to insure the payment of compensation under this Title in Guam. The Commissi on may suspend or revoke any such authorization for good c ause shown after a hearing at which the carrier shall be entit led to be heard in person or by counsel, and to present evidence.

he Commissi on may suspend or revoke any such authorization for good c ause shown after a hearing at which the carrier shall be entit led to be heard in person or by counsel, and to present evidence. No s uspension or revocation shall affect the liability of any carrie r already incurred. SOURCE : GC § 37032. 2020 NOTE : References to 'the Territory' removed and altered to 'Guam' pursuant to 1 GCA § 420. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION Pursuant to the authority granted by 1 GCA § 1606, the previous Compiler corrected a manifest error in subsection (b). § 9134. Compensation for Injuries Where Third Perso ns are Liable. When an injury for which compensation is payable un der this Title shall have been sustained under circums tances creating in some person other than the employer a legal liab ility to pay damages in respect thereto, the injured employee ma y claim compensation under this Title and, at his option, m ay also obtain damages from a proceed at law against the other per son in order to recover damages. If compensation is claimed and awarded under this Title, an employer or his insurance carr ier, having paid the compensation or having

ed at law against the other per son in order to recover damages. If compensation is claimed and awarded under this Title, an employer or his insurance carr ier, having paid the compensation or having become liable there for, shall be subrogated to the rights of the injured employee up to the amount paid by the employer or his insurance carrie r to the employee and shall be entitled to recover against s uch third person up to said amounts; provided, if the employe r or its insurance carrier shall recover from said third per son damages in excess of compensation already paid or awarded to t he employee under this Title, then any such excess shall be pai d to the injured employee, or other person entitled thereto, less th e employer's expenses and costs of action. The amount of compens ation paid by the employer, or in the amount of compensation t o which the injured employee or his dependents are entitled, sh all not be used in order to diminish the employer's claim or the em ployee's claim against said third persons. The collateral so urce doctrine is reemphasized and reestablished by this Code Section . SOURCE : GC § 37033. Repealed and reenacted by P.L. 19-035 :8 (Dec. 30, 1988).

aim against said third persons. The collateral so urce doctrine is reemphasized and reestablished by this Code Section . SOURCE : GC § 37033. Repealed and reenacted by P.L. 19-035 :8 (Dec. 30, 1988). § 9135. Right to Compensation as Exclusive Remedy. Nothing contained in § 9134 of this Title shall be deemed to create a cause of action by an injured employee aga inst any co- employee, officer, agent or director of the employe r. The right to compensation for benefits under the Worker's Compen sations Law of Guam shall be the exclusive remedy to an emp loyee when he is injured, or to his eligible survivors or legal COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION representatives if he is killed, by the negligence of any other person or persons in the same employ; provided, tha t this provision shall not affect the liability of a perso n other than an officer or employee of the employer. SOURCE : GC § 37033.1. Added by P.L. 19-035:9 (Dec. 30, 19 88). § 9136. Compensation Notice. Every employer who has secured compensation under t he provisions of this Title shall keep posted in a con spicuous place or places in and about his place or places of busin ess,

Compensation Notice. Every employer who has secured compensation under t he provisions of this Title shall keep posted in a con spicuous place or places in and about his place or places of busin ess, typewritten or printed notices, in accordance with a form presc ribed by the Commission, stating that such employer has secured the payment of compensation in accordance with the provisions o f this Title. Such notices shall contain the name and address of the carrier, if any, with whom the employer has secured payment of compensation and the date of the expiration of the policy. SOURCE : GC § 37034. § 9137. Substitution of Carrier for Employer. In any case where the employer is not a self-insure r, in order that the liability for compensation imposed b y this Title may be most effectively discharged by the employer, and in order that the administration of this Title in resp ect of such liability may be facilitated, the Commission shall by regulation provide for the discharge, by the carrier for such employer, of such obligations and duties of the employer in resp ect of such liability, imposed by this Title upon the employer, as it considers proper in order to effectuate the

the carrier for such employer, of such obligations and duties of the employer in resp ect of such liability, imposed by this Title upon the employer, as it considers proper in order to effectuate the provisions of thi s Law. For such purposes (1) notice to or knowledge of the employer of the occurrence of the injury shall be notice to or know ledge of the carrier, (2) jurisdiction of the employer by the Co mmissioner, the Commission, or any court under this Title shall be jurisdiction of the carrier, and (3) any requiremen t by the Commissioner, the Commission, or any court under an y compensation order, finding, or decision shall be b inding upon the carrier in the same manner and to the same exte nt as upon the employer. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION SOURCE : GC § 37035. 2020 NOTE : Pursuant to the authority granted by 1 GCA § 1606 , the previous Compiler corrected a manifest error of ina dvertently omitted words. § 9138. Insurance Policies. (a) Every policy or contract of insurance issued un der authority of this Title shall contain (1) a provisi on to carry out the provisions of § 9137 and (2) a provision that i nsolvency or bankruptcy of

Every policy or contract of insurance issued un der authority of this Title shall contain (1) a provisi on to carry out the provisions of § 9137 and (2) a provision that i nsolvency or bankruptcy of the employer or discharge therein, or both, shall not relieve the carrier from payment of compensatio n for disability or death sustained by an employee during the life of such policy or contract. (b) No contract or policy of insurance issued by a carrier under this Title shall be cancelled prior to the da te specified in such contract or policy for its expiration until le ast thirty (30) days have elapsed after a notice of cancellation ha s been sent to the Commissioner and to the employer in accordance with the provisions of subsection (c) of § 9113. SOURCE : GC § 37036. § 9139. Certificate of Compliance With This Law. All employers within the meaning of this Title shal l within ninety (90) days after its enactment, file with the Workers' Compensation Commission a certificate that they hav e complied with the provisions of this Title requiring the sec uring of compensation to their employees. Any person violati ng the provisions of this section shall be guilty of a mis demeanor.

ey hav e complied with the provisions of this Title requiring the sec uring of compensation to their employees. Any person violati ng the provisions of this section shall be guilty of a mis demeanor. SOURCE : GC § 37037. Amended by P.L. 13-187:204 (Sept. 2, 1976). § 9140. Penalty for Failure to Secure Payment of Co mpen- sation. (a) Any employer required to secure the payment of compensation under this Title who fails to secure s uch compensation shall be guilty of a misdemeanor; and in any case where such employer is a corporation, the president , secretary, and treasurer thereof shall be also severally liabl e to such fine or COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION imprisonment as herein provided, for the failure of such corporation to secure the payment of compensation; and such president, secretary, and treasurer shall be severa lly personally liable, jointly with such corporation, for any comp ensation or other benefit which may accrue under the said Title in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of com pensation as required by § 9133 of this Title.

ue under the said Title in respect to any injury which may occur to any employee of such corporation while it shall so fail to secure the payment of com pensation as required by § 9133 of this Title. (b) Any employer who knowingly transfers, sells, encumbers, assigns, or in any manner disposes of, c onceals, secretes, or destroys any property belonging to suc h employer, after one of his employees has been injured within the purview of this Title and with intent to avoid the payment of compensation under this Title to such employee or h is dependents, shall be guilty of a misdemeanor; and i n case where such employer is a corporation, the president, secr etary, and treasurer thereof shall be also severally liable to such penalty of imprisonment as well as jointly liable with such co rporation for such fine. (c) This section shall not affect any other liabili ty of the employer under this Title. SOURCE : GC § 37038. Amended by P.L. 13-187:205 (Sept. 2, 1976). § 9141. Administration. (a) Except as otherwise specifically provided, the Workers’ Compensation Commission shall administer the provisions of this Title, and for such purpose the Commission is authorized: (1) to make rules

(a) Except as otherwise specifically provided, the Workers’ Compensation Commission shall administer the provisions of this Title, and for such purpose the Commission is authorized: (1) to make rules and regulations in conformance wi th this Title; (2) to select such technical assistants, medical ad visors, and other officers and employees; and (3) to make from appropriated funds such expenditur es (including expenditures for personal services, rent , law books, books of reference, periodicals and printing , binding COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION and other necessities) as may be necessary in the administration of this Title. (b) The Workers’ Compensation Commission shall be under the cognizance of the Department of Labor and shall consist of the Commissioner or the Commissioner’s d esignee; [and] six (6) members to be appointed by I Maga’håga (the Governor) to include: (1) one (1) member appointed from a list of three ( 3) nurse practitioners or registered nurses recommende d by the Guam Board of Nurse Examiners; (2) one (1) member appointed from a list of three ( 3) medical doctors recommended by the Guam Board of Medical Examiners; (3) one

registered nurses recommende d by the Guam Board of Nurse Examiners; (2) one (1) member appointed from a list of three ( 3) medical doctors recommended by the Guam Board of Medical Examiners; (3) one (1) member appointed from a list of three ( 3) attorneys recommended by the Guam Bar Association; (4) one (1) member appointed from a list of three ( 3) human resource practitioners recommended by the predominant Guam civic organization for human resou rces professionals; (5) one (1) government of Guam employee; and (6) one (1) member of a labor union; and (7) at the Director’s option, two (2) members from the general public. At all times, the total number of members shall be an odd number. (c) Quorum shall constitute at least four (4) members of the Commission. (1) A member of the Commission, if physically unabl e to attend a meeting or hearing, may appear and part icipate in a meeting or hearing via telephone conference or video teleconference or video livestreaming in accordance with 5 GCA § 43122 and the accompanying rules and regulati ons adopted pursuant to the same; provided, that all pa rties in the meeting or hearing are able to adequately hear and COL5/12/202022 GCA BUSINESS

GCA § 43122 and the accompanying rules and regulati ons adopted pursuant to the same; provided, that all pa rties in the meeting or hearing are able to adequately hear and COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION communicate with such member. All relevant document s shall be transmitted to all members of the Commission at least twenty-four (24) hours prior to a hearing via telephone conference or video teleconference or video livestr eaming. (2) Meetings and hearings shall be electronically recorded in audio file or audio and video file form at if conducted by video teleconference or video livestre am; but, notwithstanding any other provision of law, rule, o r regulation, they need not be stenographically recorded. All audio and video files shall be properly stored within the office of the Commission to ensure safekeeping and availability to the public consistent with existing laws. (d) The Commission shall maintain and keep open during reasonable business hours, an office for the transa ction of business. If any member of the Commission is remove d from office or for any reason ceases to act as a member, all of his or her official records and papers

s hours, an office for the transa ction of business. If any member of the Commission is remove d from office or for any reason ceases to act as a member, all of his or her official records and papers shall be transferred to his or her successor in office or to the Commission. No member nor any business associate of a member shall appear as atto rney in any proceedings under this Title, and no member shall a ct in any such case in which he or she is interested, or when he or she is employed by any party in interest or related to any party in interest by consanguinity or affinity within the th ird degree as determined by the common law. Members of the Commis sion, except the Commissioner, shall receive Fifty Dollars ($50) per meeting or hearing attended, not to exceed One Hundred Dollars ($100) per month, and reimbursed for any reasonable expenses incurred in the performance of their duty. (e) The Commission shall direct the vocational rehabilitation of permanently disabled employees an d shall arrange with the appropriate public or private agen cies for such education. The Commission may in its discretion fur nish such prosthetic appliances or other apparatus made neces sary by an

d shall arrange with the appropriate public or private agen cies for such education. The Commission may in its discretion fur nish such prosthetic appliances or other apparatus made neces sary by an injury upon which an award has been made under this Title to render a disabled employee fit to engage in a remun erative occupation. COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION SOURCE : GC § 37039. Subsection (b) amended by P.L. 9-238: 4 (Aug. 13, 1968). Subsection (b) repealed and reenacted by P.L. 16-001:12 (Feb. 9, 1981). Entire section amended by P.L. 35-066:1 ( Feb. 12, 2020). NOTE : Pursuant to P.L. 20-033 (Sept. 6, 1989), all refe rences to Commissioner were changed to Mayor. § 9142. Investigation by the Commission. (a) The Commission shall make studies and investiga tions with respect to safety provisions and the causes of injuries in employments covered by this Title, and shall from t ime to time make to the Legislature and to employers and carrie rs such recommendations as it may deem proper as to the bes t means of preventing such injuries. (b) In making such studies and investigations, the Commission is authorized (1) to cooperate with any agency

h recommendations as it may deem proper as to the bes t means of preventing such injuries. (b) In making such studies and investigations, the Commission is authorized (1) to cooperate with any agency charged with the duty of enforcing any law, securin g safety against injury in any employment covered by this Ti tle, or with any agency engaged in enforcing any laws to assure safety for employees, and (2) to permit any such agency to hav e access to the records of the Commission. In carrying out the provisions of this section the Commission or any officer or emplo yee of the commission is authorized to enter at any reasonable time upon any premises, tracks, wharf, dock, or to enter any building, where an employment covered by this Title is being carried on, and to examine any tool, appliances, or machinery u sed in such employment. (c) Civil Penalties. The Commission shall impose a civil penalty of not less than Two Hundred Fifty Dollars ($250) and not more than Twenty-five Thousand Dollars ($25,000), per violation, on any employer found in violation of th e statutory obligations required in this Chapter or any applica ble administrative rules and regulations, unless the st atute

ollars ($25,000), per violation, on any employer found in violation of th e statutory obligations required in this Chapter or any applica ble administrative rules and regulations, unless the st atute requires criminal penalties, in which case the Commission shall investigate the matter, document its findings and r efer the matter to the Office of the Attorney General for prosecuti on. The employer may appeal any assessed civil penalties wi thin fifteen COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION (15) calendar days from the issuance of a Notice of Violation to the Commissioner who shall be the Hearing Officer. (d) Notwithstanding Subsection (c) of this Section, all civil penalties enumerated under this Chapter shall remain in full force and effect. SOURCE : GC § 37040. Subsection (c) added by P.L. 35-066:2 (Feb. 12, 2020). Subsection (d) added by P.L. 35-066:3 (Feb. 12, 2020). § 9143. Special Fund. (a) There is hereby established separate and apart from other funds of the government of Guam, a special fu nd to make payments in accordance with the provisions of subse ction (f)(1) of § 9109 of this Title. Such fund shall be adminis tered by the Commission.

funds of the government of Guam, a special fu nd to make payments in accordance with the provisions of subse ction (f)(1) of § 9109 of this Title. Such fund shall be adminis tered by the Commission. The Treasurer of Guam shall be the cust odian of such fund, and all moneys and securities in such fu nd shall be held in trust by such Treasurer, and shall not be m oney or property of the government of Guam. (b) The Treasurer is authorized to disburse moneys from such fund only upon order of the Commission. (c) The amount of such fund shall be subject to aud it in accordance with established government of Guam audi ting procedures, but the action of the Commission in mak ing payments from such fund shall be final and not subj ect to review. (d) Disposition of Civil Penalties. Fines collected by the Department under the provisions of this Chapter shall be deposited in the special fund, pursuant to this Sec tion; and, notwithstanding Subsection (b) of this Section, may be accessed by the Director to be used exclusively for the oper ation of the Workers’ Compensation Commission. The Director of t he Department shall include data in his or her annual report on all expenditures under this

rector to be used exclusively for the oper ation of the Workers’ Compensation Commission. The Director of t he Department shall include data in his or her annual report on all expenditures under this Subsection to I Liheslaturan Guåhan . SOURCE : GC § 37041. Repealed by P.L. 14-132. Added by P.L . 20- 220:37 (Aug. 31, 1990). Subsection (d) added by P.L . 35-066:4 (Feb. 12, 2020). NOTE : § 9143 was originally created by P.L. 1-80:42, co mmonly known as the ?Special Fund ?. P.L. 14-132 then repealed the fund. But P.L. 20- COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION 220:37 created (added) a new Special Fund. This exp lains why the Compiler has then amended this section in it >s entirety. Amended by the Compiler in order to reflect the correct citation. § 9144. Government of Guam Special Fund. (a) There is hereby authorized to be established, o ut of any money in the Treasury of Guam not otherwise appropr iated, a fund sufficient to secure the payment of benefits u nder this Chapter in respect of employees in public employmen t. (b) With respect to employees in public employment, the Commission may authorize direct benefit payments fr om such fund, or, if it

u nder this Chapter in respect of employees in public employmen t. (b) With respect to employees in public employment, the Commission may authorize direct benefit payments fr om such fund, or, if it deems desirable, insure and keep insured the payment of such benefits with any stock or mutual c ompany or association. (c) Prior to any lump sum payment of compensation pursuant to § 9115(j) of this Chapter, the Commissi on must certify that an amount equal to the lump sum payabl e is deposited into the Government of Guam Special Fund by the respective public employment employer of the employ ee who is to receive the lump sum payment. (d) All public employment employers shall reimburse the Government of Guam Special Fund such sums as may be necessary from their annual operational appropriati ons or revenues for the compensation paid to their employe es or dependents pursuant to this Chapter. (e) Reimbursements into the Government of Guam Spec ial Fund pursuant to Subsection (d) of this Section sha ll be made within fourteen (14) days of receipt of each assess ment demand by the Commission for amounts equal to the amount p aid pursuant to this Chapter, except when the Commission deems

ction sha ll be made within fourteen (14) days of receipt of each assess ment demand by the Commission for amounts equal to the amount p aid pursuant to this Chapter, except when the Commission deems it advisable that the public employment employer make a deposit into the Government of Guam Special Fund prior to payment of compensation. (f) The Treasurer of Guam shall be the custodian of such fund and is authorized to disburse moneys from such fund only upon the order of the Commission. The Treasurer of Guam shall COL5/12/202022 GCA BUSINESS REGULATIONS CH. 9 WORKER ’S COMPENSATION deposit any moneys appropriated or paid into such f und into such depository banks as the Commission may designate, a nd may invest any portion of the funds which in the opinio n of the Commission is not needed for current requirements, in bonds or notes of the United States or of any Federal land b ank. (g) The account for such fund shall be subject to a udit in accordance with the established government of Guam auditing procedure, but action of the Commission in making p ayments from such fund shall be final and not subject to review. SOURCE : GC § 37042. Repealed and reenacted by P.L.

ed government of Guam auditing procedure, but action of the Commission in making p ayments from such fund shall be final and not subject to review. SOURCE : GC § 37042. Repealed and reenacted by P.L. 25-091 :IV:05 (Dec. 22, 1999). § 9145. Annual Report. The Commission shall make to the Guam Legislature a nd the Governor at the beginning of each regular sessi on a report of the administration of this Title for the preceding fiscal year, including a detailed statement of receipts of and e xpenditures from the funds established or authorized in '§ 9143 and 9144. Annually the Commission shall advise the Legislatur e and the Governor of needed changes in the laws of Guam rega rding compensation of workers for injuries sustained whil e working and shall provide data from other jurisdictions on the amounts of compensation payable therein. SOURCE : GC § 37043. Amended by P.L. 16-001:10 (Feb. 9, 19 81). § 9146. Automatic Adjustments to Rates. Rates and amounts in §§ 9107(b)(1), 9109(c)(20), 91 10(a), 9110(e), and 9115(m) of this Chapter shall automatically adjust to amounts equivalent to the per centum change in a ny increase to the minimum wage. SOURCE: Added by P.L. 35-065:6 (Feb.

0), 91 10(a), 9110(e), and 9115(m) of this Chapter shall automatically adjust to amounts equivalent to the per centum change in a ny increase to the minimum wage. SOURCE: Added by P.L. 35-065:6 (Feb. 12, 2020). 2020 NOTE : The amendment pursuant to P.L 35-065 (Feb. 12, 20 20) shall apply to claims filed 120 days after enactmen t. ---------- COL5/12/2020