Guam § 9109 - Compensation for Disability.

§ 9109. Compensation for Disability.

Compensation for disability shall be paid to the employee as

follows:

(a) Permanent total disability. In case of total

disability, adjudged to be permanent, sixty-six and two-

COL5/12/2020

CH. 9 WORKER’S COMPENSATION

thirds (66-2/3) per centum of his average weekly wages

shall be paid to the employee during the continuance of

such total disability. Loss of both hands, or both arms, or

both feet, or both legs, or both eyes, or of any two (2)

thereof shall, in the absence of conclusive proof to the

contrary, constitute permanent total disability. In all other

cases, permanent total disability shall be determined in

accordance with the facts.

(b) Temporary total disability. In case of disability total

in character but temporary in quality, sixty-six and two-

third (66-2/3) per centum of the average weekly wages shall

be paid to the employee during the continuance thereof.

(c) Permanent partial disability. In case of disability

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 disability or

temporary partial disability paid in accordance with

subsection (b) or subsection (e) of this section respectively

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.

COL5/12/2020

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 for

loss of the entire digit. Compensation for loss of the

first phalange of a digit shall be one-half (1/2) of 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 or

the knee and the ankle, compensation shall be the same

as for loss of a hand or foot.

(16) Binocular vision or per centum of vision.

Compensation for loss of binocular vision or for eighty

(80) per centum or more of the vision of an eye shall

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

COL5/12/2020

CH. 9 WORKER’S COMPENSATION

phalanges of two (2) or more digits, of a hand or foot

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 the

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 of

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 the

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-thirds

(2/3) of the difference between the employee's average

weekly wages and his wage-earning capacity thereafter

in the same employment or otherwise, payable during

the continuance of such partial disability; provided

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 parts 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 be for

the loss of, or loss of use of, each such member or part

thereof, which awards shall run consecutively, except

that where the injury affects only two (2) or more

COL5/12/2020

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 subsection

(c), excepting paragraph (c-21), shall, notwithstanding death

arising from cause other than the injury, be payable 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 surviving

child or children.

(3) The Commissioner may in his discretion

require the appointment of a guardian for the purpose

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 the

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 temporary

partial disability resulting in decrease of earning capacity,

the compensation shall be two-thirds (2/3) of the difference

between the injured employee's average weekly wages

before the injury and his wage-earning capacity after the

injury in the same or another employment. Compensation

shall be paid during the continuance of such disability, not

longer than five (5) years.

COL5/12/2020

CH. 9 WORKER’S COMPENSATION

(f) Injury increasing disability.

(1) if an employee receives an injury which of

itself would only cause permanent partial disability 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 paid

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 average weekly

wages shall be such sum as will reasonably represent

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 injury is or

may be expected to be totally or partially incapacitated 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 employee

in cases of partial disability under subsection (c)(21) of this

section or under subsection (e) of this section shall be

COL5/12/2020

CH. 9 WORKER’S COMPENSATION

determined by his actual earnings if such actual earnings

fairly and reasonably represent his wage-earning capacity:

Provided that, if the employee has no actual earnings or if

his actual earnings do not fairly and reasonably represent

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 his injury,

the degree of physical impairment, his usual employment,

and any other factors or circumstances in the case which

may affect his capacity to earn wages in his disabled

condition including the effect of disability as it may

naturally extend into the future.

(i) In cases under subsection (c)(21) and subsection (e)

of this section, whenever the commissioner determines 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 interested

parties, discharging the liability of the employer for such

compensation, notwithstanding the provisions of § 9116(b)

and § 9117 of this Title; provided, that the sum so agreed

upon shall be payable in installments as provided in §

9115(b), which installments shall be subject to commutation

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 payable,

in the manner prescribed in this subsection, to and for the

benefit of the persons enumerated in subsection (d) of this

section.