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Terms Used In 22 Guam Code Ann. § 9120

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Subject to the provisions of § 9114, a claim for compensation may be filed with the Commissioner in accordance with regulations prescribed by the Commission at any time after the first seven (7) days of disability following any injury, or at any time after death, and the Commissioner shall have full power and authority to hear and determine all questions in respect to such claim.

(b) Within ten (10) days after such claim is filed the Commissioner, in accordance with regulations prescribed by the Commission, shall notify the employer and any other person (other than the claimant), whom the Commissioner considers an interested party, that a claim has been filed. Such notice may be

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served personally upon the employer, or other person, or sent to such employer or person by registered mail.

(c) The Commissioner shall make or cause to be made such investigations as he considers necessary in respect of the claim, and upon application of any interested party, shall order a hearing thereon. If a hearing on such claim is ordered, the Commissioner shall give the claimant and other interested parties at least ten (10) days notice of such hearing, served personally upon the claimant and other interested parties, or sent to such claimant and other interested parties by registered mail, and shall within twenty (20) days after such hearing is had, by order, reject the claim or make an award in respect of the claim. If no hearing is ordered within twenty (20) days after notice is given as provided in subsection (b) of this section, the Commissioner shall, by order, reject the claim or make an award in respect of the claim.

(d) At such hearing the claimant and the employer may each present evidence in respect of such claim and may be represented by any person authorized in writing for such purpose.

(e) The order rejecting the claim or making the award (referred to in this Title as a compensation order) shall be filed in the office of the Commissioner, and a copy thereof shall be transmitted to the claimant and to the employer by delivery to them in person or by registered mail sent to their last known addresses.

(f) An award of compensation for disability may be made after the death of an injured employee.

(g) At any time after a claim has been filed with him, the Commissioner may transfer such case to any member of the Commission for the purpose of making investigation, taking testimony, making physical examinations or taking such other necessary action therein as may be directed.

(h) An injured employee claiming or entitled to compensation shall submit to such physical examination, by a medical officer of the Department of Public Health and Social

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Services, or by a qualified physician designated or approved by the Commission, as the Commissioner may require. The place or places of such examination shall be reasonably convenient for the employee. Such physician or physicians as the employee, employer, or carrier may select and pay for may participate in an examination if the employee, employer, or carrier so requests. Proceedings shall be suspended and no compensation shall be payable for any period during which the employee refuses to submit to such examination.

SOURCE: GC § 37019.

2020 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, the previous Compiler corrected manifest errors in subsection (g)