(b) Carrier. This term includes stock corporations or mutual associations from which any employer has obtained workers’

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compensation insurance or guaranty insurance in accordance with the provisions of this Title.

(c) Child, grandchild, brother, sister. The term child shall include a posthumous child, a child legally adopted prior to the injury of the employee, a child in relation to whom the deceased employee stood in loco parentis for at least one (1) year prior to the time of injury, and a stepchild or acknowledged illegitimate child dependent upon the deceased; but does not include married children unless wholly dependent upon the employee. The term grandchild means a child, as above defined, of a child, as above defined. The terms brother and sister include stepbrothers and stepsisters, half brother and half sisters, and brothers and sisters by adoption; but does not include married brothers nor married sisters unless wholly dependent upon the employee. The terms child, grandchild, brother, and sister include only persons who are under eighteen (18) years of age, and also persons who, though eighteen (18) years of age or over, were wholly dependent upon the deceased employee at the time of his injury and incapable of self-support by reason of mental or physical disability.

(d) Commission. This terms means the Workers’ Compensation Commission.

(e) Commissioner. This term means the head of the Workers’ Compensation Commission who shall be the Director of the Department of Labor or his designee.

(f) Compensation. This term means the money allowance payable to an employee or to his dependents as provided for in this Title and includes funeral benefits provided herein.

(g) Death. This term, when used as a basis for a right to compensation under this Title, means only death resulting from an injury.

(h) Disability. This term means incapacity, because of injury, to earn the wages which the employee was receiving at the time of injury in the same or any other employment.

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(i) Employee. This term, as used herein, is synonymous with worker, and means any person who has entered into the employment of or works under contract of service or apprenticeship with an employer. It includes aquacultural and agricultural workers but excludes a person whose employment is purely casual and not, for the purpose of the employer’s trade or business. As used herein the term employee includes any person who has worked forty (40) hours per week during the previous sixty (60) days, exclusive of holidays, for the same employer.

(j) Employer. This term, unless otherwise stated, includes any body of persons, corporate or unincorporated, public or private, and the legal representative of a deceased employer. It includes the owner or lessee of premises, or other person who is in fact the proprietor, or operator of the business carried on there but who by reason of there being an independent contractor, or for any other reason, is not the direct employer of the workmen there employed. If the employer is insured it includes his insurer as far as applicable.

(k) Guam. This term, when used in a geographical sense means the Guam including the waters thereof.

(l) Industrial Employment. In the case of private employees this term only includes employment in a trade, occupation or profession which is carried on by the employer for the sake of pecuniary gain.

(m) Injury. This term means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury. The terms includes an injury caused by the wilful act of a third person directed against an employee because of his employment.

(n) Parent. The term includes stepparents or parents by adoption, parents-in-law, and any person who for more than three (3) years prior to the death of the deceased employee stood in the place of a parent to him, if dependent on the employee.

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(o) Person. The term mans individual, partnership, corporation, or association.

(p) Public Employment. The term ‘public employment’ means employment by the government of Guam Executive, Judicial or Legislative departments, agencies, instrumentalities, inclusive of semi-autonomous and autonomous agencies, and any other government of Guam entities and public corporations. It shall include all elected officials.

(q) Territory. The term means Guam.

(r) Wages. The term means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of injury; including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer.

(s) Widow. the term includes only the decedent‘s wife who, at the time of his death, lived with him or was dependent for support upon him; or who was living apart from him for justifiable cause or by reason of his desertion at such time.

(t) Widower. This term includes only the decedent’s husband who, at the time of her death, lived with her and was dependent for support upon her.

SOURCE: GC § 37002. Subsection (e) amended by P.L. 16-001:11 (Feb.
9, 1981); subsection (i) amended by P.L. 16-001:2 (Feb. 9, 1981);
subsection (p) amended by P.L. 16-001:3 (Feb. 9, 1981). Subsection (p)
repealed and reenacted by P.L. 25-091:04 (Dec. 22, 1999).

2020 NOTE: Past publications of the GCA included an error with subsection (j); however, this error has been corrected.

References to “”Territory”” and “”territorial”” removed and/or altered to
“”Guam”” pursuant to 1 Guam Code Ann. § 420.