Guam § 9141 - Administration.

§ 9141. Administration.

(a) Except as otherwise specifically provided, the Workers’

Compensation Commission shall administer the provisions of

this Title, and for such purpose the Commission is authorized:

(1) to make rules and regulations in conformance with

this Title;

(2) to select such technical assistants, medical advisors,

and other officers and employees; and

(3) to make from appropriated funds such expenditures

(including expenditures for personal services, rent, law

books, books of reference, periodicals and printing, binding

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and other necessities) as may be necessary in the

administration of this Title.

(b) The Workers’ Compensation Commission shall be

under the cognizance of the Department of Labor and shall

consist of the Commissioner or the Commissioner’s designee;

[and] six (6) members to be appointed by I Maga’håga (the

Governor) to include:

(1) one (1) member appointed from a list of three (3)

nurse practitioners or registered nurses recommended by the

Guam Board of Nurse Examiners;

(2) one (1) member appointed from a list of three (3)

medical doctors recommended by the Guam Board of

Medical Examiners;

(3) one (1) member appointed from a list of three (3)

attorneys recommended by the Guam Bar Association;

(4) one (1) member appointed from a list of three (3)

human resource practitioners recommended by the

predominant Guam civic organization for human resources

professionals;

(5) one (1) government of Guam employee; and

(6) one (1) member of a labor union; and

(7) at the Director’s option, two (2) members from the

general public.

At all times, the total number of members shall be an odd

number.

(c) Quorum shall constitute at least four (4) members of the

Commission.

(1) A member of the Commission, if physically unable

to attend a meeting or hearing, may appear and participate

in a meeting or hearing via telephone conference or video

teleconference or video livestreaming in accordance with 5

GCA § 43122 and the accompanying rules and regulations

adopted pursuant to the same; provided, that all parties in

the meeting or hearing are able to adequately hear and

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communicate with such member. All relevant documents

shall be transmitted to all members of the Commission at

least twenty-four (24) hours prior to a hearing via telephone

conference or video teleconference or video livestreaming.

(2) Meetings and hearings shall be electronically

recorded in audio file or audio and video file format if

conducted by video teleconference or video livestream; but,

notwithstanding any other provision of law, rule, or

regulation, they need not be stenographically recorded. All

audio and video files shall be properly stored within the

office of the Commission to ensure safekeeping and

availability to the public consistent with existing laws.

(d) The Commission shall maintain and keep open during

reasonable business hours, an office for the transaction of

business. If any member of the Commission is removed from

office or for any reason ceases to act as a member, all of his or

her official records and papers shall be transferred to his or her

successor in office or to the Commission. No member nor any

business associate of a member shall appear as attorney in any

proceedings under this Title, and no member shall act in any

such case in which he or she is interested, or when he or she is

employed by any party in interest or related to any party in

interest by consanguinity or affinity within the third degree as

determined by the common law. Members of the Commission,

except the Commissioner, shall receive Fifty Dollars ($50) per

meeting or hearing attended, not to exceed One Hundred Dollars

($100) per month, and reimbursed for any reasonable expenses

incurred in the performance of their duty.

(e) The Commission shall direct the vocational

rehabilitation of permanently disabled employees and shall

arrange with the appropriate public or private agencies for such

education. The Commission may in its discretion furnish such

prosthetic appliances or other apparatus made necessary by an

injury upon which an award has been made under this Title to

render a disabled employee fit to engage in a remunerative

occupation.

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