(a) Compensation shall be payable under this Title in case of disability or death of an employee, but only if the disability or

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death results from an injury sustained while engaged in industrial employment or public employment or both as defined in § 9103.

(b) Employers, who hire workmen within Guam to work without Guam, may agree with the workmen that the remedies under this Title shall be applicable as regards injuries received without Guam by accident arising out of and in the course of the employment. All contracts of hiring in Guam shall be presumed to include such an agreement.

(c) If workman who has been hired in Guam receives a personal injury by accident arising out of and in the course of his employment, he shall be entitled to compensation according to the law of Guam even though such injury was received without Guam.

(d) If a workman who has been hired without Guam is injured while engaged in his employer’s business, and is entitled to compensation for the injury under the laws of the state or territory where he was hired, he shall be entitled to enforce against his employer his rights in Guam if his rights are such that they can reasonably be determined and dealt with by the Commissioner and the court in Guam.

(e) If an officer or enlisted person of the Guam Militia or volunteer civil defense worker shall suffer injury or death arising out of and in the performance of his duty in the Guam Militia or Guam Civil Defense Agency, compensation shall be paid and medical services and supplies shall be furnished to him or his dependents, as the case may be, by the government of Guam for such injury or death in the manner and in the amounts provided for in this law for worker’s compensation as if he were injured during the course of his civilian employment.

(f) Any person who may be injured in performing service for the government of Guam in any voluntary or unpaid capacity under the authorized direction of a public officer or employee, and who shall not have secured payment of his hospital and medical expenses from the government of Guam or under any other provisions of law and shall not have secured payment

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thereof from any third person, shall be paid his reasonable hospital and medical expenses by the Government of Guam.

(g) This Title shall affect the liability of employers to employees engaged in interstate or foreign commerce or otherwise, only so far as the same is permissible under the laws of the United States.

(h) No compensation shall be payable under this Title if the injury was occasioned solely by the intoxication of the employee, or by the wilful intention of the employee to injure or kill himself or others.

(i) Any person who may be injured in performing service for the government of Guam as a volunteer fireman under the authorized direction of a public officer or employee, and who shall not have secured compensation from the government of Guam or from any third person, shall be paid compensation equivalent to that of a firefighter.

(j) Authorization for Administrative Leave. Any person who is injured while performing service for the government of Guam as an employee under the authorized direction of a public officer or employee, and has been certified by the Worker’s Compensation Program as such, shall be granted administrative leave with pay for the duration of time as deemed necessary by a licensed physician. However, such leave shall terminate on the date the individual is no longer eligible for Worker’s Compensation benefits.

(1) Supplemental Payments Prohibited. An employee covered by this Act shall be paid from their employing agency; and any monthly payments issued pursuant to this Act shall be in place of, and not in addition to, any monthly payments authorized by the Worker’s Compensation Program, not to include payments issued to cover the cost of medical treatment.

(2) Periodic Review. The Department of Labor Worker’s Compensation Commission is hereby authorized to conduct independent, periodic reviews once every three

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(3) to six (6) months to assess the severity of the individual’s medical condition resulting from the workplace injury. Such review may include requiring claimants to submit periodic surveys developed by the Department or their employer to assist with assessing the medical condition of the employee; such survey shall be completed and signed by the attending physician.

(3) Penalties. Any person, including an employee, employer, medical case manager, health care provider, vocational rehabilitation provider, or workers’ compensation insurance carrier who, knowingly and with intent to defraud, makes a false statement or representation for the purpose of obtaining, affecting, or denying any benefit or payment under the provisions of this Chapter, either for her or himself or for any other person, shall forfeit all benefits or payments obtained as a result of the false statement or representation and all or a portion of any right to compensation under the provisions of this Chapter as determined by Director and:

(i) for fraud involving Ten Thousand Dollars ($10,000) or more, be fined not more than One Hundred Thousand Dollars ($100,000) or imprisoned not more than three (3) years, or both; and

(ii) for fraud involving less than Ten Thousand Dollars ($10,000), be fined not more than Ten Thousand Dollars ($10,000) or imprisoned not more than two (2) years, or both.

SOURCE: GC § 37003. Subsection (j) amended by P.L. 13-041:1 (July
1, 1975). P.L. 16-001:4 (Feb 9, 1981) repealed subsection (h) and renumbered subsections (i) and (j) appropriately. Subsection (j) added by
P.L. 31-077:XII:41 (Sept. 20, 2011).

2020 NOTE: References to “”territory”” in subsections (b), (c), and (d)
removed and altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.