Judicial review of order-Stay of compensation payment

A.S.C.A. § 32.0652 — under Workmen's Compensation-Procedures and Claims.

A.S.C.A. § 32.0652

(a) If not in accordance with law, a compensation order may be suspended or set aside, in whole or in part, through injunction proceedings, mandatory or otherwise, brought by any party in interest against the Commissioner, and instituted in the High Court of American Samoa.

(b) The orders, writs and processes of the court in such proceedings may run, be served and be returnable, anywhere in the Territory.

(c) The payment of the, amounts required by an award, shall not be stayed pending final decision in any such proceeding unless, upon application for an interlocutory injunction, the court, on hearing and after not less than 1 days notice to the parties in interest and the Commissioner, allows the stay of such payments, in, whole or in part, where irreparable damage would otherwise ensue to the employer. The order of the court allowing any such stay shall contain, specific findings based, upon evidence submitted, to the court and identified by reference thereto, that such irreparable, damage would result to the employer, and, specifying the nature of the damage.

History: 1967, PL 10-15.