Guam § 9122 - Review of Compensation Order.

§ 9122. Review of Compensation Order.

(a) A compensation order shall become effective when filed

in the office of the Commissioner as provided in § 9120, and,

unless proceedings for the suspension or setting aside of such

order are instituted as provided in subsection (b) of this section,

COL5/12/2020

CH. 9 WORKER’S COMPENSATION

shall become final at the expiration of the thirtieth (30th) day

thereafter.

(b) If not in accordance with law, a compensation order may

be suspended or set aside, in whole or in part, through injunction

proceedings, mandatory or otherwise, brought by any party in

interest against the Commissioner, and instituted in the Superior

Court. The orders, writs, and processes of the court in such

proceedings may run, be served, and be returnable anywhere in

Guam. The payment of the amounts required by an award shall

not be stayed pending final decision in any such proceeding

unless upon application for an interlocutory injunction the court,

on hearing, after not less than three (3) days notice to the parties

in interest and the Commissioner, allows the stay of such

payments, in whole or in part, where irreparable damage would

otherwise ensue to the employer. The order of the court allowing

any such stay shall contain a specific finding, based upon

evidence submitted to the court and identified by reference

thereto, that such irreparable damage would result to the

employer, and specifying the nature of the damage.

(c) If any employer or his officers or agents fail to comply

with a compensation order making an award that has become

final, any beneficiary of such award or the Commissioner may

apply to the Superior Court for the enforcement of the order. If

the court determines that the order was made and served in

accordance with law and that such employer or his officers or

agents have failed to comply therewith, the court shall enforce

obedience to the order by writ of injunction, or by other proper

process, mandatory or otherwise, to enjoin upon such employer

and his officers and agents compliance with the order.

(d) Proceedings for suspending, setting aside, or enforcing a

compensation order, whether rejecting a claim or making an

award, shall not be instituted otherwise than as provided than as

provided in this section and § 9119.