(a) The employer shall furnish such medical, surgical, and other attendance or treatment, nurse, hospital service, medicine, crutches, and apparatus for such period as the nature of the injury or the process of recovery may require. If the employer fails to provide the same, after request by the injured employee, such injured employee may do so at the expense of the employer. The employee shall not be entitled to recover any amount expended by him for such treatment or services unless he shall have requested the employer to furnish the same and the employer shall have refused or neglected to do so, or unless the nature of the injury required such treatment and services and the employer or his superintendent or foreman having knowledge of such injury shall have neglected to provide the same; nor shall any claim for medical or surgical treatment be valid and enforceable, as against such employer, unless, within twenty (20) days following the first treatment, the physician giving such treatment shall furnish to the employer and the Commission a report of such injury and treatment, on a form prescribed by the Commission. The Commissioner may, however, excuse the failure to furnish such report within twenty (20) days when he finds it to be in the interest of justice to do so, and he may, upon application by a party in interest, make an award for the reasonable value of such medical or surgical treatment so obtained by the employee. If at any time during such period the employee unreasonably refuses to submit to medical or surgical treatment, the Commissioner may, by order, suspend the payment of further compensation during such time as such refusal continues, and no compensation shall be paid at any time during the period of such suspension, unless the circumstances justified the refusal.

(b) Whenever, in the opinion of the Commissioner, a physician has not impartially estimated the degree of permanent disability or the extent of temporary disability of any injured employee, the Commissioner shall have the power to cause such employee to be examined by a physician selected by the Commissioner and to obtain a report containing his estimate of such disabilities. If the report of such physician shows that the

22 Guam Code Ann. BUSINESS REGULATIONS
CH. 9 WORKER’S COMPENSATION

estimate of the physician has not been impartial from the standpoint of such employee, the Commissioner shall have the power, in his discretion, to charge the cost of such examination to the employer, if he is a self-insurer, or to the insurance company which is carrying the risk.

(c) All fees and other charges for treatment or service shall be limited to such charges as prevail in the same community for similar treatment of injured persons of like standard of living, and shall be subject to regulations by the Commissioner.

(d) The liability of an employer for medical treatment as herein provided shall not be affected by the fact that his employee was injured through the fault or negligence of a third party, not in the same employ, unless and until notice of election to sue has been given or suit has been brought against such third party without the giving of such notice. The employer shall, however, have a cause of action against such third party to recover any amounts paid by him for such medical treatment in like manner as provided in § 9134 of this law.

(e) When an employee of the government of Guam suffers an injury as defined in § 9103(m) of this Chapter, his or her department head or other supervisor shall send him or her to the emergency room or an urgent care facility at the Guam Memorial Hospital, or any private hospital operating in Guam, for such examination and treatment as are made necessary by such injury, and shall furnish to the hospital such information or certification as the hospital requires.

SOURCE: GC § 37007. Subsection (e) added by P.L. 35-065:7 (Feb. 12,
2020).

2020 NOTE: The amendment pursuant to P.L 35-065 (Feb. 12, 2020)
shall apply to claims filed 120 days after enactment.