Title 22, Business Regulation

Creditors. No assignment, release, or commutation of compensation or benefits due to payable under this Title, except as provided by this Title, shall be valid, and such compensation and benefits shall be exempt from all claims of creditors and from levy, execution, and attachmen…

Any person entitled to compensation under the provisions of this Title shall have a lien against the assets of the carrier or employer for such compensation without limit or amount, and shall, upon insolvency, bankruptcy, or reorganization in bankruptcy proceedings of the carrier…

In case of default by the employer in the payment of compensation due under any award of compensation due under any award of compensation for a period of thirty (30) days after the compensation is due and payable, the person to whom such compensation is payable may, within one (1…

(a) Subject to the provisions of § 9114, a claim for compensation may be filed with the Commissioner in accordance with regulations prescribed by the Commission at any time after the first seven (7) days of disability following any injury, or at any time after death, and the Comm…

In any proceeding for the enforcement of a claim for compensation under this Title, it shall be presumed, in the absence of substantial evidence to the contrary: (a) That the claim comes within the provision of this Title. (b) That sufficient notice of such claim has been given. …

(a) A compensation order shall become effective when filed in the office of the Commissioner as provided in § 9120, and, unless proceedings for the suspension or setting aside of such order are instituted as provided in subsection (b) of this section, shall become final at the ex…

Upon his own initiative, or upon the application of any party in interest, on the ground of a change in conditions or because of a mistake in a determination of fact by the Commissioner, the Commissioner may, at any time prior to one (1) year after the date of the last payment of…

(a) In making an investigation or inquiry, or conducting a hearing, the Commissioner shall not be bound by common law or statutory rules of evidence or by technical or formal rule of procedure, except as provided by this Title, but may make such investigation or inquiry, or condu…

No person shall be required to attend as a witness in any proceeding before the Commissioner at a place outside Guam; but the testimony of any witness may be taken by deposition or interrogatories according to the rules of practice of the Superior Court. SOURCE: GC § 37024. 2020 …

Witnesses summoned in a proceeding before the Commissioner or whose depositions are taken may receive the same fees and mileage as witnesses in the Superior Court. SOURCE: GC § 37025.

Grounds. If the court having jurisdiction of proceedings in respect of any claim or compensation order determines that the proceedings in respect of such claim or order have been instituted or continued without reasonable ground, the costs of such proceedings shall be assessed ag…

(a) The Commissioner shall have power to preserve and enforce order during any such proceedings; to issue subpoenas for, to administer oaths to, and to compel the attendance and testimony of witness, or the production of books, papers, documents, and other evidence, or the taking…

(a) No claim for attorney's fees or for any other services rendered in respect of a claim or award for compensation, to or on account of any person, shall be valid unless approved by the Commissioner, whose approval shall not be unreasonably withheld, or if proceedings for review…

Every employer shall keep a record in respect of any injury to an employee. Such record shall contain such information of disease, other disability, or death in respect of such injury as the Commission may by regulation require, and shall be available to inspection by the Commiss…

(a) Within ten (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 of such injury, the employer shall send to the Commission a report setting forth (1) the name, address, and business of the employe…

Any person who wilfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this Title, or for the purpose of evading liability for any benefit or payment under this Title, shall be guilty of a misdemeanor. SOURCE: G…

(a) Every employer shall secure the payment of compensation under this Title: (1) By insuring and keeping insured the payment of such compensation with any stock corporation or mutual association authorized by the Commission to transact the business of workers’ compensation insur…

Liable. When an injury for which compensation is payable under this Title shall have been sustained under circumstances creating in some person other than the employer a legal liability to pay damages in respect thereto, the injured employee may claim compensation under this Titl…

Nothing contained in § 9134 of this Title shall be deemed to create a cause of action by an injured employee against any co- employee, officer, agent or director of the employer. The right to compensation for benefits under the Worker's Compensations Law of Guam shall be the excl…

Every employer who has secured compensation under the provisions of this Title 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 Commission, stating that suc…

In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this Title may be most effectively discharged by the employer, and in order that the administration of this Title in respect of such liability may be facilitated, the Com…

(a) Every policy or contract of insurance issued under authority of this Title shall contain (1) a provision to carry out the provisions of § 9137 and (2) a provision that insolvency or bankruptcy of the employer or discharge therein, or both, shall not relieve the carrier from p…

All employers within the meaning of this Title shall within ninety (90) days after its enactment, file with the Workers' Compensation Commission a certificate that they have complied with the provisions of this Title requiring the securing of compensation to their employees. Any …

sation. (a) Any employer required to secure the payment of compensation under this Title who fails to secure such compensation shall be guilty of a misdemeanor; and in any case where such employer is a corporation, the president, secretary, and treasurer thereof shall be also sev…

(a) Except as otherwise specifically provided, the Workers’ Compensation Commission shall administer the provisions of this Title, and for such purpose the Commission is authorized: (1) to make rules and regulations in conformance with this Title; (2) to select such technical ass…

(a) The Commission shall make studies and investigations with respect to safety provisions and the causes of injuries in employments covered by this Title, and shall from time to time make to the Legislature and to employers and carriers such recommendations as it may deem proper…

(a) There is hereby established separate and apart from other funds of the government of Guam, a special fund to make payments in accordance with the provisions of subsection (f)(1) of § 9109 of this Title. Such fund shall be administered by the Commission. The Treasurer of Guam …

(a) There is hereby authorized to be established, out of any money in the Treasury of Guam not otherwise appropriated, a fund sufficient to secure the payment of benefits under this Chapter in respect of employees in public employment. (b) With respect to employees in public empl…

The Commission shall make to the Guam Legislature and the Governor at the beginning of each regular session a report of the administration of this Title for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the funds established or aut…

Rates and amounts in §§ 9107(b)(1), 9109(c)(20), 9110(a), 9110(e), and 9115(m) of this Chapter shall automatically adjust to amounts equivalent to the per centum change in any increase to the minimum wage. SOURCE: Added by P.L. 35-065:6 (Feb. 12, 2020). 2020 NOTE: The amendment p…

This Article shall be cited as the “Guam Registered Apprenticeship Program Law.”

As used in this Article: (a) [No text.] (1) Apprentice means an employee of a business participating in the Guam Registered Apprenticeship Program who is at least sixteen (16) years of age, except when a higher minimum age is otherwise fixed by law, and who is employed to learn a…

There is hereby established the Guam Registered Apprenticeship Program to be administered by the Director. The purposes of the Program are to reduce the shortage of highly skilled workers; to encourage employers to hire and train apprentices in highly skilled trades and occupatio…

the Guam Registered Apprenticeship Program. Each year, the Director shall establish a list of skilled occupations and trades approved for the Program. All occupations listed in the USDOL-OA listing are eligible apprentice occupations for the Program. The Director may conduct a pu…

Agreements. The Director, with the approval of I Maga'hågan Guåhan, may contract with program providers to prescribe the manner, terms, and conditions of DOL cooperation with the provider in meeting the Program’s objectives. The contracts shall be with program providers having a …

An apprentice must be a bona fide resident of Guam for a continuous period of not less than three (3) years before becoming an apprentice, must be a United States citizen or a permanent resident alien, and must agree to the terms and conditions of the Program and § 10110 of this …

Apprenticeship Program. (a) The Director shall administer the Guam Registered Apprenticeship Program and shall establish rules and regulations necessary to implement this Article, pursuant to the Administrative Adjudication Law, within ninety (90) days after the enactment hereof.…

Participants. (a) Any business that employs apprentices duly enrolled and registered under the terms of the Program is entitled to a tax credit against its business privilege tax liability equal to fifty percent (50%) of the eligible costs paid or incurred by the business, provid…

Participants. (a) Any business that provides skilled trainers to the Eligible Training Provider List (ETPL) or to a non-profit organization working with a registered ETPL on Guam and employs skilled trainers shall be entitled to a tax credit against its business privilege tax lia…

Commissioner. The Tax Commissioner of Guam shall, no later than ninety (90) days after the enactment hereof, in cooperation with the Director, develop procedures to implement the tax credit authorized by this Article, and to that end shall: (a) enact such requirements for claiman…

An apprentice shall sign an agreement with the respective employer and DOL that stipulates that, in exchange for the training, the apprentice will remain and work on Guam for a period of one (1) year for each year of participation in the Program.

(a) The Director may contract with government agencies, departments and instrumentalities, public or private organizations, firms, companies, businesses, program providers or individuals to provide technical or skilled training programs. Said contracts shall provide for specializ…

This Article shall be effective upon enactment.

(a) Notwithstanding any other provision of law, sections 10108, 10109, and 10110 of this Article shall remain in effect until December 30, 2029. Any Guam Registered Apprenticeship Program tax credits certified for a period expiring after December 30, 2024, but no later than Decem…

The Director shall make a full written report to I Liheslatura and post the report on the Department’s website within thirty (30) days after the close of each fiscal year. The report shall describe accurately the names of all program participants; the total amount of tax credits …

(a) There is hereby created the Building Guam’s Trades Scholarship Program (Program). (b) Administration of Program. The Director shall administer this Program and shall promulgate rules and regulations necessary to carry out the intent of this Section. (c) Selection Committee. T…