Except as otherwise provided in this Title, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows:

(a) If the injured employee shall have worked in the occupation in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of the year immediately preceding his injury, his average annual earnings shall consist of three hundred (300) times the average daily wage or salary for a six (6) day worker and two hundred sixty (260) times the average daily wage or salary for a five (5) day worker,

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

which he shall have earned in such employment during the days when so employed.

(b) If the injured employee shall not have worked in such occupation during substantially the whole of such year, his average annual earnings if a six (6) day worker, shall consist of three hundred (300) times the average daily wage or salary; and if a five (5) day worker, two hundred and sixty (260) times the average daily wage or salary, which an employee of the same class working substantially the whole of such immediately preceding year in the same or in similar occupation in the same or a neighboring place shall have earned in such employment during the days when so employed.

(c) If either of the foregoing methods of arriving at the average annual earnings of the injured employee cannot reasonably and fairly be applied, such average annual earnings shall be such sum as shall reasonably represent the annual earning capacity of the injured employee, having regard to the previous earnings of the injured employee in the occupation in which he was working at the time of the injury, and of other employees of the same or most similar class working in the same or similar occupation in the same or neighboring locality, or other employment of such employee, including the reasonable value of the services of the employee if engaged in self-employment.

(d) The average weekly wages of an employee shall be one fifty-second (1/52) part of his average annual earnings.

(e) If it be established that the injured employee was a minor when injured, and that under normal conditions his wages should be expected to increase during the period of disability, the fact may be considered in arriving at his average weekly wages.

SOURCE: GC § 37010.