Title 32 — Labor
4 chapters · 129 sections in this title.
A.S.C.A. § 32.0516 Special fund for payment of compensation for injury increasing preexisting disability and for maintenance of those undergoing vocational rehabilitation
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(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…
A.S.C.A. § 32.0517 Authorization of appropriations
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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.
A.S.C.A. § 32.0520 Liability of employer for compensation
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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.S.C.A. § 32.0521 Liability for compensation-Exemptions
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(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.S.C.A. § 32.0522 Liability for compensation-Exclusiveness
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(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…
A.S.C.A. § 32.0523 Right to compensation
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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.
A.S.C.A. § 32.0524 Employers subject to chapter
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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.S.C.A. § 32.0525 Right of inmates of certain institutions to compensation
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(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.S.C.A. § 32.0526 Extraterritorial coverage of chapter
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(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.S.C.A. § 32.0530 Securing payments of compensation
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(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.S.C.A. § 32.0531 Authorization to insure payments-Suspension and revocation
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(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…
A.S.C.A. § 32.0532 Claims facilities
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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.S.C.A. § 32.0533 Insurance policies-Requirements-Cancellation
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(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.S.C.A. § 32.0534 Posting of notice of securing payment of compensation
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(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.S.C.A. § 32.0535 Substitution of carrier for employer as liable party
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(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…
A.S.C.A. § 32.0536 Certificate of compliance
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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: …
A.S.C.A. § 32.0550 Disobeying order or obstructing hearing-Penalty
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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 …
A.S.C.A. § 32.0551 Failure to file report of death, injury or disease-Penalty
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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.
A.S.C.A. § 32.0552 Failure to give notice of final payment-Penalty
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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.
A.S.C.A. § 32.0553 Collection of civil penalties
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All civil penalties provided for in this chapter shall be collected by civil suit brought by the Commissioner. History: 1967, PL 10-15.
A.S.C.A. § 32.0554 Invalid agreements-Penalty
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(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…
A.S.C.A. § 32.0555 Receipt of illegal fees-Penalty
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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 …
A.S.C.A. § 32.0556 False or misleading statements-Penalty
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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.S.C.A. § 32.0557 Failure to secure payment of compensation-Penalty
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(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.S.C.A. § 32.0558 Transfer or destruction of property to avoid payment of compensation
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(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…
A.S.C.A. § 32.0559 Violation of certificate of compliance requirements-Penalty
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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.
A.S.C.A. § 32.0560 Effect of unconstitutionality
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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…
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…