Title 32 — Labor
4 chapters · 129 sections in this title.
A.S.C.A. § 32.0601 Record of injuries required
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Every employer shall keep a record in respect to any injury to an employee. Such record shall contain such information on disease, other disability, or death in relation to such injury as the Commission may by regulation require, and shall be available for inspection by the Commi…
A.S.C.A. § 32.0602 Reports of death, injury or disease-Use in evidence
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(a) Within 10 days from the date of any injury or death or from the date that the employer has knowledge of a disease or infection in respect to an injury, the employer shall send to the commission a report setting forth: (1) the name, address and business of the employer; (2) th…
A.S.C.A. § 32.0603 Failure to report injury or death-Time for filing claim suspended
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When an employer or carrier has been given notice, or the employer or his agent in charge of the business in the place where it occurred or the carrier has knowledge, of injury to or death of an employee and fails, neglects or refuses to file a report thereof as required by subse…
A.S.C.A. § 32.0604 Start of compensation for disability
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No compensation may be allowed for the first three days of disability, except medical benefits. In case the injury results in disability of 14 calendar days or more, the compensation shall be allowed from the date of disability. If, at the time the disability begins, the employee…
A.S.C.A. § 32.0605 Permanent total disability compensation
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(a) In case of total disability adjudged to be permanent, 66 2/3 percent of the employee’s average weekly wages shall be paid during the continuance of such total disability. (b) Loss, or loss of use, of both hands, or both arms, or both feet, or both legs, or both eyes, or any t…
A.S.C.A. § 32.0607 Temporary total disability compensation
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In case of disability total in character but temporary in duration. 66 2/3 percent of the employee’s average weekly wages shall be paid during the continuance thereof. History: 1967, PL 10-15.
A.S.C.A. § 32.0609 Permanent partial disability compensation
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(a) In case of disability partial in character but permanent in duration, the compensation shall be 66 2/3 percent of the employee’s average weekly wages, which shall be in addition to any compensation for temporary total disability or temporary partial disability paid in accorda…
A.S.C.A. § 32.0611 Temporary partial disability compensation
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In case of temporary partial disability resulting in decrease of earning capacity, the compensation shall be two-thirds of the difference between the injured employee’s average weekly wages before the injury and his wage-earning capacity after the injury in the same or another em…
A.S.C.A. § 32.0613 Injury increasing existing permanent physical impairment or resulting in death which would not have occurred except for existing impairment
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(a) If an employee who has a permanent physical impairment from any cause or origin incurs a subsequent disability by injury arising out of and in the course of his employment, resulting in compensation liability for disability that is substantially greater by reason of the combi…
A.S.C.A. § 32.0614 Payment of benefits to survivors of disabled employee who dies
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(a) An award for disability may be made after the death of the injured employee. (b) Any compensation to which any deceased claimant would be entitled under 32.0609 except subsection (b) thereof, shall, notwithstanding death arising from cause other than the injury, be payable to…
A.S.C.A. § 32.0615 Maintenance for injured employees undergoing vocational rehabilitation
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An employee who, as a result of injury, is or may be expected to be totally or partially incapacitated for a remunerative occupation, and who under the direction of the Commission, as provided by 32.0507, is being rendered fit to engage in a remunerative occupation, shall receive…
A.S.C.A. § 32.0617 Death benefits
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(a) If an injury causes death, the compensation shall be known as a death benefit and shall be payable in the amounts, and to or for the benefit of the individuals following: (1) Reasonable funeral expenses not exceeding $1,000; (2) if there is a surviving wife or dependent husba…
A.S.C.A. § 32.0619 Liability for medical and hospital services, treatment and supplies
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(a) The employer shall furnish where no other provision is made, such medical, surgical, and other attendance or treatment, nurse, hospital service, medicine, crutches, and apparatus for such period as the nature of the injury or the process of recovery may require. (b) If the em…
A.S.C.A. § 32.0621 Basis of compensation-Computation
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Except as otherwise provided in this chapter, 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 at the time of the injury the wages are fixed by the w…
A.S.C.A. § 32.0622 Wage-earning capacity of employees with temporary partial disability or permanent partial disability
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The wage-earning capacity of an injured employee in cases of partial disability under subsection (b) of 32.0609 and 32.0611 shall be determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity. If the employee has no actual …
A.S.C.A. § 32.0624 Guardian for minor or incompetent
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The Commissioner may require the appointment of a guardian or other representative by a court of competent jurisdiction for any individual who is mentally incompetent or a minor. Such guardian or representative shall receive any compensation payable to such individual under this …
A.S.C.A. § 32.0626 Notice of injury or death-Contents-Delivery-Failure to give
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(a) Notice of an injury or death for which compensation is claimed under this chapter and Chapter 32.05 must be given, within 30 days after the date of such injury or death, to the Commissioner and to the employer. (b) Such notice must be in writing, contain the name and address …
A.S.C.A. § 32.0627 Time for filing
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(a) The right to compensation for disability shall be barred unless a claim therefor is filed within one year after the injury or last payment of compensation without an award. (b) The right to compensation for death shall be barred unless a claim therefor is filed within one yea…
A.S.C.A. § 32.0628 Notice
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(a) Within 10 days after a claim is filed, the Commissioner, in accordance with regulations prescribed by the Commission, shall notify the employer and any other individual other than the claimant whom the Commissioner considers an interested party, that a claim has been filed. (…
A.S.C.A. § 32.0629 Action on filed claim
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(a) 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, conducting physical examinations or taking such other necessary action therein as may be direc…
A.S.C.A. § 32.0635 No hearing ordered-Rejection or award of claim
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If no hearing is ordered within 20 days after notice is given, the Commissioner shall, by order, reject the claim or make an award regarding the claim. History: 1967, P1- 10-15.
A.S.C.A. § 32.0636 Hearing claim-Notice, investigation, time limits
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(a) The Commissioner, when exercising his authority pursuant to 32.0629(b), and the Administrative Law Judge have full power and authority to hear and determine all questions regarding claims for compensation. (b) The Commissioner and the Administrative Law Judge shall make or ca…
A.S.C.A. § 32.0637 Hearings to be public-Record required
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Hearings before the Administrative Law Judge shall be open to the public and shall be either stenographically or mechanically reported. The Administrative Law Judge shall by regulation provide for the preparation of a record of the hearings and other proceedings before the Admini…
A.S.C.A. § 32.0638 Physical examination required
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An injured employee claiming or entitled to compensation shall submit to such physical examination by a duly qualified physician designated or approved by the Commission as the Commissioner or Administrative Law Judge may require. The place or places of such examination shall be …
A.S.C.A. § 32.0639 Costs in proceedings brought or continued without reasonable cause
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If the court having jurisdiction of proceedings in respect to any claim or compensation order determines that the proceedings in respect to such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed against the…
A.S.C.A. § 32.0640 Conduct of investigation or hearing
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In making an investigation or inquiry or conducting a hearing, the Administrative Law Judge shall use Rules of Evidence and Procedure as applicable in the High Court of American Samoa as a guide, in accordance with A.S. C. A., 4.0607. History: 1967, PL 10-15, amd 2004, PL 28-17.
A.S.C.A. § 32.0641 Right to be represented and to present evidence
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At a hearing, the claimant and employer may each present evidence in respect to such claim and may be represented by any individual authorized in writing for such purpose. History: 1967, PL 10-15.
A.S.C.A. § 32.0642 Presumptions
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In any proceeding for the enforcement of a claim for compensation under this chapter and Chapter 32.05, it is presumed, in the absence of substantial evidence to the contrary, that: (1) the claim comes within the provisions of this chapter or Chapter 32.05; (2) sufficient notice …
A.S.C.A. § 32.0643 Declarations of deceased employee
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Declarations of a deceased, employee concerning the injury in respect to which the investigation or inquiry is being made or the hearing conducted shall be received in evidence and shall, if corroborated by other evidence, be sufficient to establish the injury. History: 1967, PL …
A.S.C.A. § 32.0644 Witnesses-Depositions
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No person may be required to attend as a witness in any proceeding before the commissioner or the Administrative Law Judge at a place outside the Territory, but the testimony of any witness may be taken by a deposition or interrogatories according to the rules of practice of the …
A.S.C.A. § 32.0645 Witness fees
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Witnesses summoned in a proceeding before the Commissioner or the Administrative Law Judge or whose depositions are taken may receive the same fees and mileage as witnesses in the High Court of American Samoa. History: 1967, PL 10-15, amd 2004, PL 28-17.
A.S.C.A. § 32.0646 Awards after death of employee
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An award of compensation for disability may be made after the death of an injured employee. History: 1967, PL 10-15.
A.S.C.A. § 32.0650 Filing of order-Delivery of copies
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The order rejecting the claim or making the award of compensation 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, to the last known address of each…
A.S.C.A. § 32.0651 Effective date of order
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A compensation order becomes effective when filed, in the Office of the Commissioner and, unless proceedings for the suspension or setting aside of such order are instituted, becomes final at the expiration of the thirtieth day thereafter. History: 1967, PL 10-15.
A.S.C.A. § 32.0652 Judicial review of order-Stay of compensation payment
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(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) T…
A.S.C.A. § 32.0653 Enforcement proceeding
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(a) If any employer or his officers or agents fail to comply with a compensation order making an award that has become final, any beneficiary of such award, or the Commissioner, may apply to the High Court of American Samoa for the enforcement of the order. (1) If the Court deter…
A.S.C.A. § 32.0654 Modification of order
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(a) Upon his own initiative or upon the application of any party in interest, and on the ground of a change in conditions or a mistake in a determination of fact by the Commissioner, the Commissioner may, at any time prior to one year after the date of the last payment of compens…
A.S.C.A. § 32.0660 Installments
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(a) Compensation under this chapter and Chapter 32.05 must be paid periodically, promptly and directly to the individual entitled thereto, without an award, except where liability to pay compensation is controverted by the employer. (b) The first installment of compensation becom…
A.S.C.A. § 32.0661 Notice of beginning, suspension and end
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(a) Upon making the, first payment, and upon suspension of payment for any cause, the employer shall immediately notify the Commissioner, in accordance with a form prescribed by the Commission, that payment of compensation has begun or has been suspended, as the case may be. (b) …
A.S.C.A. § 32.0662 Notice of controverted claim
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If the employer controverts the right to compensation, he shall file with the Commissioner, on or before the 14th day after he has knowledge of the alleged injury or death, a notice in accordance, with a form prescribed by the Commission stating that the right to compensation is …
A.S.C.A. § 32.0663 Failure to make
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(a) If any installment of compensation payable without an award is not paid within 14 days after it becomes due, there shall be added to such unpaid installment an amount equal, to 10% thereof, which shall be paid at the same time as such, installment, unless notice is filed unde…
A.S.C.A. § 32.0664 Actions to protect rights
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The Commissioner may, upon his own initiative at any time in a case in which payments are being made without an award, and shall, in any case where right to compensation is controverted or payment of compensation has been stopped or suspended, upon receipt of notice from any indi…
A.S.C.A. § 32.0665 Deposit to secure
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Whenever the commission deems it advisable, he may require any employer to make a deposit with the Treasurer of American Samoa to secure the prompt and convenient payment of compensation. Payments from such deposits pursuant to award shall be made by the Treasurer upon order of t…
A.S.C.A. § 32.0666 Lump sum-Reimbursements
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(a) Whenever the Commissioner determines that is it in the interest of justice, the liability of the employer, for compensation or any part thereof, as determined by the Commissioner, may, with the approval of the Commission, be discharged by the payment of a lump sum equal to th…
A.S.C.A. § 32.0667 Receipts
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An injured employee or, in the case of death, his dependents or personal representative, shall give receipts for payment, of compensation to the employer paying the same and such employer shall produce the same for inspection by the Commissioner, whenever required. History: 1967,…
A.S.C.A. § 32.0668 Settlement of employer’s liability
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In cases under subsection (b) of 32.0609 and 32.0611, whenever the Commissioner determines that it is in the best interests of an injured employee entitled to compensation, he may, with the approval of the Commission, approve agreed settlements of the interested parties, discharg…
A.S.C.A. § 32.0669 Recovery against third person
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(a) If an individual entitled to such compensation determines that some individual other than the employer or an individual or individuals in his employ are liable in damages, he need not elect whether to receive such compensation or to recover damages against such third person, …
A.S.C.A. § 32.0670 Employment rights of injured employees-Penalty
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(a) No employer may discharge or dismiss any employee or deny such employee the right to return to his employment solely because he suffers any work injury which is compensable under this chapter and Chapter 32.05 and which arises out of and in the course of employment with the e…
A.S.C.A. § 32.0671 Claims for services
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No claim for legal or other services rendered in respect of a claim, or an award for compensation, to or on account of any person, is valid unless approved by the Commissioner, or, if proceedings for review of the order of the Commissioner in respect to such claim or award are ha…
A.S.C.A. § 32.0672 Validity of liability
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No assignment of, or release of liability for, compensation or benefits due or payable under this chapter and Chapter 32.05, except as otherwise provided by this and Chapter 32.05, is valid, and such compensation and benefits shall be exempt from all claims of creditors and from …