Guam § 9134 - Compensation for Injuries Where Third Persons are

§ 9134. Compensation for Injuries Where Third Persons are

Liable.

When an injury for which compensation is payable under

this Title shall have been sustained under circumstances creating

in some person other than the employer a legal liability to pay

damages in respect thereto, the injured employee may claim

compensation under this Title and, at his option, may also obtain

damages from a proceed at law against the other person in order

to recover damages. If compensation is claimed and awarded

under this Title, an employer or his insurance carrier, having

paid the compensation or having become liable therefor, shall be

subrogated to the rights of the injured employee up to the

amount paid by the employer or his insurance carrier to the

employee and shall be entitled to recover against such third

person up to said amounts; provided, if the employer or its

insurance carrier shall recover from said third person damages in

excess of compensation already paid or awarded to the employee

under this Title, then any such excess shall be paid to the injured

employee, or other person entitled thereto, less the employer's

expenses and costs of action. The amount of compensation paid

by the employer, or in the amount of compensation to which the

injured employee or his dependents are entitled, shall not be used

in order to diminish the employer's claim or the employee's

claim against said third persons. The collateral source doctrine is

reemphasized and reestablished by this Code Section.