Guam § 9110 - Compensation for Death.

§ 9110. Compensation for Death.

If the injury causes death, the compensation shall be known

as a death benefit and shall be payable in the amount and to or

for the benefit of the persons following:

(a) Reasonable funeral expenses not exceeding Seven

Thousand Four Hundred Thirty-five Dollars ($7,435).

(b) If there be a surviving spouse and no surviving

dependent child of the deceased; to the surviving spouse

thirty-five (35) percentum of the average wages of the

deceased until death or remarriage; and if there be a

surviving dependent child or dependent children of the

deceased, the additional amount of fifteen (15) percentum

of such wage for each child. In the case of the death or

remarriage of such surviving spouse, if there be one (1)

surviving dependent child of the deceased employee, such

child shall have his compensation increased to thirty-five

(35) percentum of such wages; and if there be more than

one (1) surviving dependent child of the deceased

employee, to such dependent children in equal parts, thirty-

five (35) percentum of such wages, increased by fifteen (15)

percentum of such wages for each dependent child in excess

of one (1); provided that, the total amount payable shall in

no case exceed two-thirds (2/3rds) of such wages. The

Commissioner, may, at 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 of a guardian for such

purposes shall not be necessary.

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(c) If there be one (1) surviving dependent child of the

deceased, but no surviving spouse, then for the support of

such dependent child, thirty-five (35) percentum of the

wages of the deceased. If there be more than one (1)

surviving dependent child of the deceased, but no surviving

spouse, then for the support of such wages for each

dependent child in excess of one. The total amount payable

under this Section shall in no case exceed two-thirds

(2/3rds) of such wages.

(d) If there be no surviving spouse or dependent

children, or if the amount payable to a surviving spouse or

to the dependent children shall be less in the aggregate than

sixty-six (66) and two-thirds (2/3rds) percentum of the

average wages of the deceased; then for the support of

surviving dependent grandchildren or surviving dependent

brothers and sisters, if they were dependent upon the

deceased at the time of the injury, fifteen (15) percentum of

such wages for the support of each such person; and for the

support of each surviving dependent parent, or grandparent

of the deceased if they were dependent upon him at the time

of the injury, twenty-five (25) percentum of such wages

during such dependence. But in no case shall the aggregate

amount payable under this Section exceed the difference

between two-thirds (2/3rds) of such wages and the amount

payable as hereinbefore provided to surviving spouse and

for the support of surviving dependent child or children.

(e) In computing death benefits, the average weekly

wages of the deceased shall be considered to have been not

more than Seven Hundred Seventy-five Dollars ($775) per

week nor less than Four Hundred Sixty-five Dollars ($465)

per week. (f) All questions of dependency shall be

determined as of the time of the injury.

(g) Aliens. Compensation under this Title to aliens, not

resident (or about to become non-residents) of the United

States, Guam, or Canada, shall be the same amount as

provided for residents; provided that, dependents in any

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foreign country shall be limited to the surviving spouse and

surviving dependent child or children, or if there be no

surviving spouse or dependent child or children, to

surviving dependent parents whom the employee has

supported, either wholly or in part, for the period of one (1)

year prior to the date of the injury; and provided that, the

Commissioner may, at his option or upon the application of

an insurance carrier, commute all future installments of

compensation to be paid to such aliens by paying or causing

to be paid to them one-half (1/2) of the commuted amounts

of such future installments of compensation as determined

by the Commission.