Guam § 9111 - Determination of Pay.

§ 9111. Determination of Pay.

Except as otherwise provided in this Title, the average

weekly wage of the injured employee at the time of the injury

shall be taken as the basis upon which to compute compensation

and shall be determined as follows:

(a) If the injured employee shall have worked in the

occupation in which he was working at the time of the

injury, whether for the same or another employer, during

substantially the whole of the year immediately preceding

his injury, his average annual earnings shall consist of three

hundred (300) times the average daily wage or salary for a

six (6) day worker and two hundred sixty (260) times the

average daily wage or salary for a five (5) day worker,

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which he shall have earned in such employment during the

days when so employed.

(b) If the injured employee shall not have worked in

such occupation during substantially the whole of such year,

his average annual earnings if a six (6) day worker, shall

consist of three hundred (300) times the average daily wage

or salary; and if a five (5) day worker, two hundred and

sixty (260) times the average daily wage or salary, which an

employee of the same class working substantially the whole

of such immediately preceding year in the same or in

similar occupation in the same or a neighboring place shall

have earned in such employment during the days when so

employed.

(c) If either of the foregoing methods of arriving at the

average annual earnings of the injured employee cannot

reasonably and fairly be applied, such average annual

earnings shall be such sum as shall reasonably represent the

annual earning capacity of the injured employee, having

regard to the previous earnings of the injured employee in

the occupation in which he was working at the time of the

injury, and of other employees of the same or most similar

class working in the same or similar occupation in the same

or neighboring locality, or other employment of such

employee, including the reasonable value of the services of

the employee if engaged in self-employment.

(d) The average weekly wages of an employee shall be

one fifty-second (1/52) part of his average annual earnings.

(e) If it be established that the injured employee was a

minor when injured, and that under normal conditions his

wages should be expected to increase during the period of

disability, the fact may be considered in arriving at his

average weekly wages.