Time for Filing of Claims

(a)The right of compensation for disability and death under this Title shall be barred unless a claim therefor is filed within one

(1)year after medical knowledge of disability or death. The time for filing a claim shall not begin to run until the employee or beneficiary becomes aware of the relationship between the injury or death and the employment. If payment of compensation has been made without an award on account of such injury or death, a claim may be filed within one

(1)year after the date of the last payment. Such claim shall be filed with the Commissioner. For the purposes of Chapter 32, Title 10, Guam Code Annotated, notice of exposure where no disability or death is immediately medically apparent, shall not constitute medical knowledge of disability or death.

(b)Notwithstanding the provisions of subsection

(a)of this section, failure to file a claim within the period prescribed in such subsection shall not be a bar to such right unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard.

(c)If a person who is entitled to compensation under this Title is mentally incompetent or a minor, the provisions of subsection

(a)of this section shall not be applicable so long as such person has no guardian or other authorized representative, but shall be applicable, in the case of a person who is mentally incompetent or a minor, from the date of appointment of such guardian or other representative; or in the case of a minor, where no guardian is appointed before he becomes of age, from the date he becomes of age.

(d)When recovery is denied to any person, in a suit brought at law or in admiralty to recover damages in respect of injury or COL5/12/2020 CH. 9 WORKER’S COMPENSATION death, on the ground that such person was an employee and that the defendant was an employer within the meaning of this Title and that such employer had secured compensation to such employee under this Title, the limitation of time prescribed in subsection

(a)of this section shall begin to run only from the date of termination of such suit.