Title 32, Labor

(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…

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) 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…

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…

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) 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…

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) 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…

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) 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) 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…

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) 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) 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…

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…

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 …

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) 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) 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) 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) 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…

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) 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…

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…