Guam § 9103 - Definitions.

§ 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 workers'

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compensation insurance or guaranty insurance in accordance

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 one (1) year prior to

the time of injury, and a stepchild or acknowledged illegitimate

child dependent upon the deceased; but does not include married

children unless wholly dependent upon the employee. The term

grandchild means a child, as above defined, of a child, as above

defined. The terms brother and sister include stepbrothers and

stepsisters, half brother and half sisters, and brothers 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 persons who,

though eighteen (18) years of age or over, were wholly

dependent upon the deceased employee at the time of his injury

and incapable of self-support by reason of mental or 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 Director

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 provided for in

this Title and includes funeral benefits provided herein.

(g) Death. This term, when used as a basis for a right to

compensation under this Title, means only death resulting from

an injury.

(h) Disability. This term means incapacity, because of

injury, to earn the wages which the employee was receiving at

the time of injury in the same or any other employment.

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(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 aquacultural and

agricultural workers but excludes a person whose employment is

purely casual and not, for the purpose of the employer'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 same employer.

(j) Employer. This term, unless otherwise stated, includes

any body of persons, corporate or unincorporated, public 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 contractor, or

for any other reason, is not the direct employer of the workmen

there employed. If the employer is insured it includes 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, occupation 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 naturally out of such

employment or as naturally or unavoidably results from such

accidental injury. The terms includes an injury caused by the

wilful act of a third person directed against an employee because

of his employment.

(n) Parent. The term includes stepparents or parents by

adoption, parents-in-law, and any person who for more than

three (3) years prior to the death of the deceased employee stood

in the place of a parent to him, if dependent on the employee.

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(o) Person. The term mans individual, partnership,

corporation, or association.

(p) Public Employment. The term 'public employment'

means employment by the government of Guam Executive,

Judicial or Legislative departments, agencies, instrumentalities,

inclusive of semi-autonomous and autonomous agencies, and

any other government of Guam entities and public corporations.

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 reasonable 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 dependent 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 was dependent

for support upon her.