Guam § 9114 - Time for Filing of Claims.

§ 9114. Time for Filing of Claims.

(a) The right of compensation for disability and death 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 until the employee

or beneficiary becomes aware of the relationship between the

injury or death and the employment. If payment of compensation

has been made without an award on account of such injury or

death, a claim may be filed within one (1) year after the date of

the last payment. Such claim shall be filed with the

Commissioner. For the purposes of Chapter 32, Title 10, Guam

Code Annotated, notice of exposure where no disability or death

is immediately medically apparent, shall not constitute 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 unless objection

to such failure is made at the first hearing of such 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 under this

Title is mentally incompetent or a minor, the provisions of

subsection (a) of this section shall not be applicable so long as

such person has no guardian or other authorized representative,

but shall be applicable, in the case of a person who is mentally

incompetent or a minor, from the date of appointment 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 suit brought

at law or in admiralty to recover damages in respect of injury or

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death, on the ground that such person was an employee 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 prescribed in

subsection (a) of this section shall begin to run only from the

date of termination of such suit.