Guam § 9104 - Coverage.

§ 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

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death results from an injury sustained while engaged 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 remedies

under this Title shall be applicable as regards injuries received

without Guam by accident arising out of and in the course of the

employment. All contracts of hiring in Guam shall be 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 the course of his

employment, he shall be entitled to compensation according to

the law of Guam even though such injury was received without

Guam.

(d) If a workman who has been hired without Guam is

injured while engaged in his employer's business, and is entitled

to compensation for the injury under the laws of the state or

territory where he was hired, he shall be entitled to enforce

against his employer his rights in Guam if his rights 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 Militia or

volunteer civil defense worker shall suffer injury or death arising

out of and in the performance of his duty in the Guam Militia or

Guam Civil Defense Agency, compensation shall be paid and

medical services and supplies shall be furnished to him or his

dependents, as the case may be, by the government of Guam for

such injury or death in the manner and in the amounts 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 service

for the government of Guam in any voluntary or unpaid capacity

under the authorized direction of a public officer or employee,

and who shall not have secured payment of his hospital and

medical expenses from the government of Guam or under any

other provisions of law and shall not have secured payment

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thereof from any third person, shall be paid his reasonable

hospital and medical expenses by the Government of Guam.

(g) This Title shall affect the liability of employers to

employees engaged in interstate or foreign commerce or

otherwise, only so far as the same is permissible under the laws

of the United States.

(h) No compensation shall be payable under this Title if the

injury was occasioned solely by the intoxication of the

employee, or by the wilful intention of the employee to injure or

kill himself or others.

(i) Any person who may be injured in performing service

for the government of Guam as a volunteer fireman under the

authorized direction of a public officer or employee, and who

shall not have secured compensation from the government of

Guam or from any third person, shall be paid compensation

equivalent to that of a firefighter.

(j) Authorization for Administrative Leave. Any person who

is injured while performing service for the government 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 necessary 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 authorized

to conduct independent, periodic reviews once every three

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(3) to six (6) months to assess the severity of the

individual’s medical condition resulting from the workplace

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 provider,

vocational rehabilitation provider, or workers' compensation

insurance carrier who, knowingly and with intent to

defraud, makes a false statement or representation for the

purpose of obtaining, affecting, or denying any benefit or

payment under the provisions of this Chapter, either for her

or himself or for any other person, shall forfeit all benefits

or payments obtained as a result of the false statement or

representation and all or a portion of any right to

compensation under the provisions of this Chapter as

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.