(a) On a finding by the Commission that the government of Guam or any of its employees, officers or agents was negligent in the handling, storage, management, generation, disposal or transportation of hazardous substances defined by Section 32101(b)(4) of this Chapter, and exposure to said hazardous substances has occurred but no injury, disability or death is immediately medically apparent, the Commission shall award compensation to the exposed person in the amount equal to one percent (1%) of the exposed person’s future earnings as computed using his or her whole life factor and average annual earnings as defined in this Chapter.

(b) Such compensation shall be paid in one lump sum commuted in compliance with the provisions of subsection (j) of § 37014 of the Government Code of Guam.

(c) The maximum compensation provisions of subsection (m) of § 37014 of the Government Code shall not apply to the compensation paid pursuant to this Chapter; provided, however, that in the event that such exposure eventually leads to injury disability or death, the Worker’s Compensation Law shall preempt this Chapter, and any compensation payable under such law shall be offset by such amounts heretofore paid to the exposed person.

(d) In the event of exposure where no injury, disability or death is immediately medically apparent, or, in the event of injury, disability or death resulting from exposure to hazardous substances defined by Section
32101(b)(4) of this Chapter, the burden of proof shall be on the government of Guam to prove it was not negligent. In the absence of such a showing by the government of Guam, the Commission shall come to a finding of negligence and compensation shall be paid as provided herein. Notwithstanding the provisions of this subsection, any person who accepts

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CH. 32 HAZARDOUS SUBSTANCES

such compensation shall not be permitted to file additional claims against the government of Guam for the same exposure, until such time as injury, disability or death, as opposed to exposure, is apparent.

SOURCE: Added by P.L. 20-110:4