American Samoa § 32.0526 - Extraterritorial coverage of chapter.

§ 32.0526. Extraterritorial coverage of chapter.

(a) The provisions of this chapter and Chapter 32.06 shall apply in respect to the injury or death of an employee of an employer who carries on any employment in this Territory, irrespective of the place where the injury or death occurs. An employer entering into a contract ot hire with an employee, express or implied, in this Territory, or elsewhere for employment in this Territory shall, as to such employee, be deemed to carry on employment in this Territory for the purposes of this section. In applying this provision, due regard shall be given to the legitimate interests of the Territory in the protection and welfare of injured employees and their dependents and to the public policy of this Territory to provide an expeditious and convenient remedy under this chapter and Chapter 32.06 for residents of this Territory, whether employees or their dependents or individuals entitled to payment for services rendered in connection with cases cognizable under this chapter and Chapter 32,06, and for others likely to become public charges in this Territory as the result of injury or death occurring during employment. (b) An individual who has filed a claim or taken other affirmative action seeking a remedy for injury or death under the workmen’s compensation law of a jurisdiction other than this Territory, and who has been awarded compensation or has had an agreement with respect to compensation approved by proper authority, which award or agreement has not been reversed, shall, for purposes of this chapter and Chapter 32.06, be conclusively presumed to come exclusively within the coverage of the workmen’s compensation law for such other jurisdiction, and not to be entitled to benefits under this chapter and Chapter 32.06 for the same injury or death. In case of death leaving more than one individual entitled to benefits for death, the provisions of this subsection shall apply only in respect to the individual or individuals seeking such other benefits and the payment of such other benefits shall not in any respect affect or diminish the rights of other beneficiaries in the same case under this chapter and Chapter 32.06.