(a) As used in this chapter—“Commissioner” means the Commissioner of Labor.“Employee” means any person, including a minor, employed under any appointment or contract, express or implied, oral or written, or in the service of any employer.“Employer” means the Government of the Virgin Islands, all public and quasi-public corporations, any person or body of persons whether incorporated or not, any partnership or association, contractors and subcontractors.“Injury” means any harmful change in the human organism arising out of and in the course of employment, including damage to or loss of a prosthetic appliance, but does not include any communicable disease unless the risk of contracting such disease is increased by the nature of the employment.“Death” means death resulting from an injury.“Disability” means, except for purposes of Scheduled Income Benefits, a decrease of wage earning capacity due to injury. Wage earning capacity prior to injury shall be the employee's average weekly wage. Wage earning capacity after the injury shall be presumed to be actual earnings after the injury. This presumption may be overcome by showing that these earnings after injury do not fairly and reasonably represent wage earning capacity, and in such cases, wage earning capacity shall be determined in the light of all factors and circumstances in the case which may affect the injured worker's capacity to earn wages.“Medical Services” means medical, surgical, dental, hospital, nursing and medical rehabilitation services.“Wages” means, in addition to money payments for services rendered, the reasonable value of board, rent, housing, lodging, fuel or similar advantage received from the employer, and gratuities received in the course of employment from other than the employer.“Alien” means a person who is not a citizen, a national or a resident of the United States. Any person not a citizen or national of the United States who relinquishes or is about to relinquish his residence in the United States shall be regarded as an alien.“Income benefits” means compensation for temporary total or partial disability.“Scheduled income benefits” means compensation for permanent partial disability.“Continuous income benefits” means compensation for permanent total disability.“Rehabilitation income benefits” means compensation during the time an employee is undergoing vocational rehabilitation.“Average weekly wage” means the average weekly wage in the Virgin Islands as determined by the Commissioner as follows:On or before June 1st of each year, the total wages reported on contribution reports to the Employment Security Agency for the preceding calendar year shall be divided by the average monthly number of insured workers. The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the next highest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease, falls within the calendar year commencing January 1, following the June 1st determination.“Administrator” means the person appointed by the board to run the day to day affairs of the Workers' Compensation Administration“Board” means the Board of Directors of the Workers' Compensation Administration.“Administrative Law Judge” means one who presides at an administrative hearing pertaining to Workers' Compensation claims, with power to administer oaths, take testimony, rule on questions of evidence, regulate the course of proceedings, and make determinations of fact. “District Administrator” means a person appointed by the board to handle the day to day operations of the Workers' Compensation Administration not otherwise handled by the Administrator in either the St. Thomas - St. John district or the St. Croix district.“Fund Administrator” means the person appointed by the board to oversee, manage and collect monies for the Government Insurance Fund as established under Section 265 of this chapter.
“Commissioner” means the Commissioner of Labor.
“Employee” means any person, including a minor, employed under any appointment or contract, express or implied, oral or written, or in the service of any employer.
“Employer” means the Government of the Virgin Islands, all public and quasi-public corporations, any person or body of persons whether incorporated or not, any partnership or association, contractors and subcontractors.
“Injury” means any harmful change in the human organism arising out of and in the course of employment, including damage to or loss of a prosthetic appliance, but does not include any communicable disease unless the risk of contracting such disease is increased by the nature of the employment.
“Death” means death resulting from an injury.
“Disability” means, except for purposes of Scheduled Income Benefits, a decrease of wage earning capacity due to injury. Wage earning capacity prior to injury shall be the employee's average weekly wage. Wage earning capacity after the injury shall be presumed to be actual earnings after the injury. This presumption may be overcome by showing that these earnings after injury do not fairly and reasonably represent wage earning capacity, and in such cases, wage earning capacity shall be determined in the light of all factors and circumstances in the case which may affect the injured worker's capacity to earn wages.
“Medical Services” means medical, surgical, dental, hospital, nursing and medical rehabilitation services.
“Wages” means, in addition to money payments for services rendered, the reasonable value of board, rent, housing, lodging, fuel or similar advantage received from the employer, and gratuities received in the course of employment from other than the employer.
“Alien” means a person who is not a citizen, a national or a resident of the United States. Any person not a citizen or national of the United States who relinquishes or is about to relinquish his residence in the United States shall be regarded as an alien.
“Income benefits” means compensation for temporary total or partial disability.
“Scheduled income benefits” means compensation for permanent partial disability.
“Continuous income benefits” means compensation for permanent total disability.
“Rehabilitation income benefits” means compensation during the time an employee is undergoing vocational rehabilitation.
“Average weekly wage” means the average weekly wage in the Virgin Islands as determined by the Commissioner as follows:On or before June 1st of each year, the total wages reported on contribution reports to the Employment Security Agency for the preceding calendar year shall be divided by the average monthly number of insured workers. The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the next highest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease, falls within the calendar year commencing January 1, following the June 1st determination.
On or before June 1st of each year, the total wages reported on contribution reports to the Employment Security Agency for the preceding calendar year shall be divided by the average monthly number of insured workers. The average annual wage thus obtained shall be divided by 52 and the average weekly wage thus determined rounded to the next highest dollar. The average weekly wage as so determined shall be applicable for the full period during which income benefits are payable, when the date of occurrence of injury or of disablement in the case of disease, falls within the calendar year commencing January 1, following the June 1st determination.
“Administrator” means the person appointed by the board to run the day to day affairs of the Workers' Compensation Administration
“Board” means the Board of Directors of the Workers' Compensation Administration.
“Administrative Law Judge” means one who presides at an administrative hearing pertaining to Workers' Compensation claims, with power to administer oaths, take testimony, rule on questions of evidence, regulate the course of proceedings, and make determinations of fact.
“District Administrator” means a person appointed by the board to handle the day to day operations of the Workers' Compensation Administration not otherwise handled by the Administrator in either the St. Thomas - St. John district or the St. Croix district.
“Fund Administrator” means the person appointed by the board to oversee, manage and collect monies for the Government Insurance Fund as established under Section 265 of this chapter.
(b) This chapter shall be applicable to all employers who employ one or more employees affected by this chapter, whatever their wages may be, except that—(1) in administering this section in the case of employers not normally affected by this chapter, temporary employment outside the usual course of the employer's business shall be considered on its own footing, without regard to the regular employment rolls of the employer; and(2) if such temporary employment is affected by this chapter, it shall not cause to be affected the regular employment not usually affected.
(1) in administering this section in the case of employers not normally affected by this chapter, temporary employment outside the usual course of the employer's business shall be considered on its own footing, without regard to the regular employment rolls of the employer; and
(2) if such temporary employment is affected by this chapter, it shall not cause to be affected the regular employment not usually affected.
(c) The following employees are exempt from the coverage of this chapter:(1) Any person employed as a domestic servant in a private home.(2) Any person employed, for not exceeding 10 consecutive work days, to do maintenance, repair, remodeling, or similar work in or about the private home of the employer, or, if the employer has no other employees subject to this act, in or about the premises where such employer carries on his trade, business or profession.(3) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.(4) Any person for whom a rule of liability for injury or death is provided by the laws of the United States.
(1) Any person employed as a domestic servant in a private home.
(2) Any person employed, for not exceeding 10 consecutive work days, to do maintenance, repair, remodeling, or similar work in or about the private home of the employer, or, if the employer has no other employees subject to this act, in or about the premises where such employer carries on his trade, business or profession.
(3) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.
(4) Any person for whom a rule of liability for injury or death is provided by the laws of the United States.
(d) Contractors shall be liable for reimbursement to the Government Insurance Fund for benefits given under this chapter to all employees of their uninsured subcontractors during such time as the employee is actually doing work for the benefit of the contractor.
(e) By consent, both of employer and employees concerned, and under regulations to be prescribed by the Commissioner, an employer and his employee or employees exempt under this chapter may elect to accept the terms and conditions hereof. Employers and employees making such election shall be entitled to all rights and privileges of and shall be subject to all obligations imposed by this chapter. Individual proprietors and members of partnerships may also elect to be covered under this chapter under regulations to be prescribed by the Commissioner.
(f) (1) The provisions of this chapter shall apply to all accidents occurring within the Virgin Islands and to accidents occurring to employees of the Government of the Virgin Islands who are engaged in duly authorized business of the Government outside the Virgin Islands.(2) If an employee, while working outside the territorial limits of the Virgin Islands, suffers an injury on account of which he, or in the event of his death, his dependents would have been entitled to the benefits provided by this chapter had such injury occurred within the Virgin Islands, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this chapter, provided, that at the time of such injury(A) his employment is principally localized in the Virgin Islands, or(B) he is working under a contract of hire made in the Virgin Islands in employment not principally localized in any state, or(C) he is working under a contract of hire made in the Virgin Islands in employment principally localized in another state whose workman's compensation is not applicable to his employer, or(D) he is working under a contract of hire made in the Virgin Islands for employment outside of the United States, for the first 90 days of such employment.(3) The payment or award of benefits under the Workmen's Compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such injury or death to the benefits of this chapter shall not be a bar to a claim for benefits under this chapter; provided that a claim under this act is filed within two years after such injury or death. If compensation is paid or awarded under this chapter:(A) The medical and related benefits furnished or paid for by the employer under such other Workmen's Compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employee would have been entitled under this chapter had claim been made solely under this chapter;(B) The total amount of all income benefits paid or awarded the employee under such other Workmen's Compensation law shall be credited against the total amount of income benefits which would have been due the employee under this chapter, had claim been made solely under this chapter;(C) The total amount of death benefits paid or awarded under such other Workmen's Compensation law shall be credited against the total amount of death benefits due under this chapter. A person's employment is principally localized in this or another state when (A) his employer has a place of business in this or such other state and he regularly works at or from such place of business, or (B), if clause (A) of the foregoing is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another state, and unless such other state refuses jurisdiction, such agreement shall be given effect under this chapter.“Workmen's Compensation law” includes “occupational disease law”.
(1) The provisions of this chapter shall apply to all accidents occurring within the Virgin Islands and to accidents occurring to employees of the Government of the Virgin Islands who are engaged in duly authorized business of the Government outside the Virgin Islands.
(2) If an employee, while working outside the territorial limits of the Virgin Islands, suffers an injury on account of which he, or in the event of his death, his dependents would have been entitled to the benefits provided by this chapter had such injury occurred within the Virgin Islands, such employee, or in the event of his death resulting from such injury, his dependents, shall be entitled to the benefits provided by this chapter, provided, that at the time of such injury(A) his employment is principally localized in the Virgin Islands, or(B) he is working under a contract of hire made in the Virgin Islands in employment not principally localized in any state, or(C) he is working under a contract of hire made in the Virgin Islands in employment principally localized in another state whose workman's compensation is not applicable to his employer, or(D) he is working under a contract of hire made in the Virgin Islands for employment outside of the United States, for the first 90 days of such employment.
(A) his employment is principally localized in the Virgin Islands, or
(B) he is working under a contract of hire made in the Virgin Islands in employment not principally localized in any state, or
(C) he is working under a contract of hire made in the Virgin Islands in employment principally localized in another state whose workman's compensation is not applicable to his employer, or
(D) he is working under a contract of hire made in the Virgin Islands for employment outside of the United States, for the first 90 days of such employment.
(3) The payment or award of benefits under the Workmen's Compensation law of another state, territory, province or foreign nation to an employee or his dependents otherwise entitled on account of such injury or death to the benefits of this chapter shall not be a bar to a claim for benefits under this chapter; provided that a claim under this act is filed within two years after such injury or death. If compensation is paid or awarded under this chapter:(A) The medical and related benefits furnished or paid for by the employer under such other Workmen's Compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employee would have been entitled under this chapter had claim been made solely under this chapter;(B) The total amount of all income benefits paid or awarded the employee under such other Workmen's Compensation law shall be credited against the total amount of income benefits which would have been due the employee under this chapter, had claim been made solely under this chapter;(C) The total amount of death benefits paid or awarded under such other Workmen's Compensation law shall be credited against the total amount of death benefits due under this chapter. A person's employment is principally localized in this or another state when (A) his employer has a place of business in this or such other state and he regularly works at or from such place of business, or (B), if clause (A) of the foregoing is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
(A) The medical and related benefits furnished or paid for by the employer under such other Workmen's Compensation law on account of such injury or death shall be credited against the medical and related benefits to which the employee would have been entitled under this chapter had claim been made solely under this chapter;
(B) The total amount of all income benefits paid or awarded the employee under such other Workmen's Compensation law shall be credited against the total amount of income benefits which would have been due the employee under this chapter, had claim been made solely under this chapter;
(C) The total amount of death benefits paid or awarded under such other Workmen's Compensation law shall be credited against the total amount of death benefits due under this chapter. A person's employment is principally localized in this or another state when (A) his employer has a place of business in this or such other state and he regularly works at or from such place of business, or (B), if clause (A) of the foregoing is not applicable, he is domiciled and spends a substantial part of his working time in the service of his employer in this or such other state.
An employee whose duties require him to travel regularly in the service of his employer in this and one or more other states may, by written agreement with his employer, provide that his employment is principally localized in this or another state, and unless such other state refuses jurisdiction, such agreement shall be given effect under this chapter.
“Workmen's Compensation law” includes “occupational disease law”.