Title 32 — Labor

This chapter and Chapter 32.06 may be cited as the “Workmen’s Compensation Act”. History: 1967, PL 10-15.

As used in this chapter and Chapter 32.06, the following definitions apply: (a) “American Samoa”, when used in a geographical sense, means the Territory of American Samoa, including the Territorial waters thereof. (b) “Carrier” means any person or fund authorized under this chapt…

(a) The Workmen’s Compensation Commission, composed of 5 members, is created. (b) It consists of a Commissioner, a medical officer, a law member, a fiscal member and an employee member, all to be appointed by the Governor. (c) The Commission shall maintain and keep open, during r…

Except as otherwise specifically provided, the Workmen’s Compensation Commission shall administer the provisions of this chapter, Chapter 32.06 and for such purposes as the Commission is authorized to: (1) make rules and regulations in conformity with this chapter and Chapter 32.…

(a) The Commission shall direct the vocational rehabilitation of permanently disabled employees and shall arrange with the appropriate public or private agencies for such education. (b) The Commission may, in its discretion, furnish such prosthetic appliance or other apparatus ma…

(a) The Commission shall make studies and investigations with respect to safety provisions and the causes of injuries in employment covered by this chapter and Chapter 32.06 and shall from time to time make to the legislature and to employers and carriers such recommendations as …

The Commission shall make to the American Samoa Legislature, at the beginning of each regular session, a report of the administration of this chapter and Chapter 32.06 for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the funds est…

The Commissioner has power to preserve and enforce order during any proceedings, issue subpoenas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents and other evidence, compel the taking of depositions before any desi…

(a) There is established in the treasury at American Samoa a special fund for the purpose of providing for the payment of all expenses respect of the administration of this chapter and Chapter 32.06. (b) The fund shall be administered by the Commissioner. (c) The Treasurer of Ame…

(a) There is authorized to be established, out of any money in the Treasury of American Samoa not otherwise appropriated, a fund sufficient to secure compensation payments under this chapter and Chapter 32.06 in respect of employees of the government. (b) The Treasurer of America…

(a) There is established a special fund for the purpose or making payments in accordance with the provisions of 32.0613 and 32.0615. (b) The fund shall be administered by the Commission. (c) The Treasurer of American Samoa shall be the custodian of the fund, and all moneys and se…

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter and Chapter 32.06. History: 1967 PL 10-15.

Every employer subject to this chapter and Chapter 32.06 shall be liable for compensation for injury to or death of his employees arising out of and in the course of employment without regard to fault as to cause of the injury or death. History: 1967, PL 10-15.

(a) Liability for compensation does not apply where injury to the employee is occasioned solely by his intoxication or by his willful intention to injure or kill himself or another. (b) Any person employing individuals for whom a rule of liability for injuries or death arising ou…

(a) The liability of an employer described in 32.0520 and 32.0521 shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents. Dependents, next of kin, and anyone otherwise entitled to recover damages…

Benefits prescribed in this chapter and Chapter 32.06 shall be paid for injury arising out of and in the course of employment, which shall include travel between residence and place of employment. History: 1967, PL 10-15.

The following shall constitute employers subject to the provisions of this chapter and Chapter 32.06: (1) every person who has in the Territory one or more employees are subject to this chapter; (2) the territory, any agency or instrumentality thereof, including a public or quasi…

(a) For purposes of this section, “inmate” includes any individual confined in a public institution, whether or not the institution is a penal institution. The term does not apply to students in schools for the deaf and blind or other similar institutions; it does apply to inmate…

(a) The provisions of this chapter and Chapter 32.06 shall apply in respect to the injury or death of an employee of an employer who carries on any employment in this Territory, irrespective of the place where the injury or death occurs. An employer entering into a contract ot hi…

(a) Every employer shall secure the payment of compensation under this chapter and Chapter 32.06: (1) by insuring and keeping insured the payment of such compensation with any stock company or mutual company or association or with any person or fund authorized by the Commission t…

(a) In granting authorization to any carrier to insure payment of compensation under this chapter and Chapter 32.06, the Commission may take into consideration the recommendation or any authority having supervision over carriers or over workmen’s compensation, and may authorize a…

The carrier shall provide claims facilities through its own staffed adjusting facilities located within the Territory or by independent, licensed, resident adjusters, with power to effect settlement within the Territory. History: 1967, PL 10-15.

(a) Every policy or contract of insurance issued under authority of this chapter and Chapter 32.06 shall contain: (1) A provision to carry out the provisions of 32.0535; (2) A provision that insolvency or bankruptcy of the employer, or discharge therein, or both, does not relieve…

(a) Every employer who has secured compensation under the provisions of this chapter and Chapter 32.06 shall keep posted in a conspicuous place or places in and about his place or places of business typewritten or printed notices, in accordance with a form prescribed by the Commi…

(a) In order that the liability for compensation imposed by this chapter and Chapter 32.06 may be most effectively discharged by the employer, and that the administration of this chapter and Chapter 32.06 regarding such ability may be facilitated, the Commission shall by regulati…

All employers covered by this chapter and Chapter 32.06 shall file with the Workmen’s Compensation Commission a certificate stating that they have complied with those provisions of this chapter and Chapter 32.06 requiring the securing of compensation to their employees. History: …

If any individual in proceedings before the Commissioner disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper or …

Any employer who fails or refuses to send any report required of him by 32.0602 is subject to a civil penalty not to exceed $500 for each such failure or refusal. History: 1967, PL 10-15.

If an employer fails to give notice under subsection (b) of 32.0661, the Commission shall assess against him a civil penalty of $100. History: 1967, PL 10-15.

All civil penalties provided for in this chapter shall be collected by civil suit brought by the Commissioner. History: 1967, PL 10-15.

(a) No agreement by an employee to pay any portion of a premium paid by his employer to a carrier, or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies as required by this chapter a…

Any person who receives any fee, other consideration, or any gratuity on account of services rendered contrary to 32.0671, unless such consideration or gratuity is approved by the commissioner or court, or who makes it a business to solicit employment for a lawyer or for himself …

Any person who knowingly makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this chapter or Chapter 32.06 or for the purpose of evading liability for any benefit or payment under this chapter and Chapter 32.06 is gu…

(a) Any employer required to secure the payment of compensation under this chapter or Chapter 32.06 who fails to secure such compensation is guilty of a class A misdemeanor. (b) Where such employer is a corporation, the president, secretary, and treasurer thereof shall also be li…

(a) Any employer who knowingly transfers, sells, encumbers, assigns or in any manner disposes of, conceals, secretes, or destroys any property belonging to such employer, after one of his employees has been injured within the purview of this chapter and Chapter 32.06, with intent…

Any person who violates 32.0536 is guilty of a class A misdemeanor. History: 1967, PL 10-15, amd 1980, PL 16-90 § 82. Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.

If any provision of this chapter and Chapter 32.06 is adjudged unconstitutional by the courts, and such adjudication has the effect of invalidating any payment of compensation under this chapter and Chapter 32.06, the period intervening between the time the injury was sustained a…