22 GCA § 9122
Review of Compensation Order
View official PDF ↗(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, COL5/12/2020 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.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.