22 Guam Code Ann. § 9141
Terms Used In 22 Guam Code Ann. § 9141
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Quorum: The number of legislators that must be present to do business.
(1) to make rules and regulations in conformance with this Title;
(2) to select such technical assistants, medical advisors, and other officers and employees; and
(3) to make from appropriated funds such expenditures (including expenditures for personal services, rent, law books, books of reference, periodicals and printing, binding
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CH. 9 WORKER’S COMPENSATION
and other necessities) as may be necessary in the administration of this Title.
(b) The Workers’ Compensation Commission shall be under the cognizance of the Department of Labor and shall
consist of the Commissioner or the Commissioner’s designee; [and] six (6) members to be appointed by I Maga’håga (the Governor) to include:
(1) one (1) member appointed from a list of three (3) nurse practitioners or registered nurses recommended by the Guam Board of Nurse Examiners;
(2) one (1) member appointed from a list of three (3) medical doctors recommended by the Guam Board of Medical Examiners;
(3) one (1) member appointed from a list of three (3)
attorneys recommended by the Guam Bar Association;
(4) one (1) member appointed from a list of three (3) human resource practitioners recommended by the predominant Guam civic organization for human resources professionals;
(5) one (1) government of Guam employee; and
(6) one (1) member of a labor union; and
(7) at the Director’s option, two (2) members from the general public.
At all times, the total number of members shall be an odd number.
(c) Quorum shall constitute at least four (4) members of the
Commission.
(1) A member of the Commission, if physically unable to attend a meeting or hearing, may appear and participate in a meeting or hearing via telephone conference or video teleconference or video livestreaming in accordance with 5
GCA § 43122 and the accompanying rules and regulations adopted pursuant to the same; provided, that all parties in
the meeting or hearing are able to adequately hear and
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communicate with such member. All relevant documents shall be transmitted to all members of the Commission at least twenty-four (24) hours prior to a hearing via telephone conference or video teleconference or video livestreaming.
(2) Meetings and hearings shall be electronically recorded in audio file or audio and video file format if conducted by video teleconference or video livestream; but, notwithstanding any other provision of law, rule, or regulation, they need not be stenographically recorded. All audio and video files shall be properly stored within the office of the Commission to ensure safekeeping and availability to the public consistent with existing laws.
(d) The Commission shall maintain and keep open during reasonable business hours, an office for the transaction of business. If any member of the Commission is removed from office or for any reason ceases to act as a member, all of his or her official records and papers shall be transferred to his or her successor in office or to the Commission. No member nor any business associate of a member shall appear as attorney in any proceedings under this Title, and no member shall act in any such case in which he or she is interested, or when he or she is employed by any party in interest or related to any party in interest by consanguinity or affinity within the third degree as determined by the common law. Members of the Commission, except the Commissioner, shall receive Fifty Dollars ($50) per meeting or hearing attended, not to exceed One Hundred Dollars ($100) per month, and reimbursed for any reasonable expenses incurred in the performance of their duty.
(e) The Commission shall direct the vocational rehabilitation of permanently disabled employees and shall arrange with the appropriate public or private agencies for such education. The Commission may in its discretion furnish such prosthetic appliances or other apparatus made necessary by an injury upon which an award has been made under this Title to render a disabled employee fit to engage in a remunerative occupation.
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SOURCE: GC § 37039. Subsection (b) amended by P.L. 9-238:4 (Aug.
13, 1968). Subsection (b) repealed and reenacted by P.L. 16-001:12 (Feb.
9, 1981). Entire section amended by P.L. 35-066:1 (Feb. 12, 2020).
NOTE: Pursuant to P.L. 20-033 (Sept. 6, 1989), all references to
Commissioner were changed to Mayor.