22 Guam Code Ann. § 9122
Terms Used In 22 Guam Code Ann. § 9122
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 9 WORKER’S COMPENSATION
shall become final at the expiration of the thirtieth (30th) day thereafter.
(b) 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 Superior Court. The orders, writs, and processes of the court in such proceedings may run, be served, and be returnable anywhere in Guam. The payment of the amounts required by an award shall not be stayed pending final decision in any such proceeding unless upon application for an interlocutory injunction the court, on hearing, after not less than three (3) days notice to the parties in interest and the Commissioner, allows the stay of such payments, in whole or in part, where irreparable damage would otherwise ensue to the employer. The order of the court allowing any such stay shall contain a specific finding, based upon evidence submitted to the court and identified by reference thereto, that such irreparable damage would result to the employer, and specifying the nature of the damage.
(c) 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 Superior Court for the enforcement of the order. If the court determines that the order was made and served in accordance with law and that such employer or his officers or agents have failed to comply therewith, the court shall enforce obedience to the order by writ of injunction, or by other proper process, mandatory or otherwise, to enjoin upon such employer and his officers and agents compliance with the order.
(d) Proceedings for suspending, setting aside, or enforcing a compensation order, whether rejecting a claim or making an award, shall not be instituted otherwise than as provided than as provided in this section and § 9119.
SOURCE: GC § 37021.
2020 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, the previous Compiler corrected a manifest error in subsection (b).
22 Guam Code Ann. BUSINESS REGULATIONS
CH. 9 WORKER’S COMPENSATION
The reference to “”the Territory of”” in subsection (b) removed pursuant to
1 Guam Code Ann. § 420.