Statutory Authorization & Composition:

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The American Samoa Workmen's Compensation Commission (WCC) was enacted to oversee and enforce the American Samoa Workmen's Compensation Act (ASWCA) under Title 32: Chapter 5 and Chapter 6 of the Revised American Samoa Code Annotated for the Territory of American Samoa, which is also the source of the WCC's power and authority as a government entity.

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The WCC is comprised of five Commission Members directly appointed by the Governor of American Samoa. The board members include a Law Member, Fiscal Member, Employee Member, Medical Officer, and a Commissioner who heads the Commission. All appointed members of the WCC are not compensated by law for their services. The statute also specifies any term limits for the Commission Members.

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Functions & Power:

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The WCC is an enforcement and regulatory entity of the American Samoa Government. It not only acts as the statutory state entity enforcing and overseeing the local workmen's compensation program and system for the Territory of American Samoa, but it is also responsible for the investigation, examination, arbitration and deliberation of workmen's compensation claims; examination of tools and equipment used at employer premises as well as other occupational hazards; conduct relevant studies and recommendations on employee injuries and safety; and the enforcement and regulation of employers' workmen's compensation liability and all statutory compliance.

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The WCC also grants authorization for self-insurance and for an insurance carrier to provide and sell workmen's compensation insurance within the American Samoa, including the revocation of such authority at good cause. Other statutory responsibilities include the filing of compliance certificates; filing and effectuation of all compensation orders; citing and issuing employers with civil penalties and fines for non-compliance; and the authority to issue subpoena orders - to name a few.

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The WCC also administers the ASG Workmen's Compensation Fund where all the compensation claims by employees of the Territorial Government are paid from, as well as the other two special funds mandated under the ASWCA. All of the special funds are solely transacted by the Fund Custodian (the Treasurer of American Samoa Government). Nonetheless, the Fund Custodian cannot transact any compensation payments, misuse, or withdrawal any monies from any of the Special Funds unless by order of the Commission.

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Statutory Office

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The ASWCA mandates the WCC to establish and maintain an office to administer and transact all official business of the Commission. This statutory office is officially known as the Office of the American Samoa Workmen's Compensation Commission (OWCC), or widely known as the Commission's Office. The OWCC is managed and overseen by an Office Head serving and responding directly to both the WCC and the WCC Commissioner.

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Placement:

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Both the WCC and its office have been situated under the Department of Human Resources for many years. The Commission contended as a conflict of interest for the Commission and its office to be under an ASG Office or Department due to its nature as a regulator, especially when ASG is regulated by the Commission as a self-insurer employer. It is the reason the WCC continues to advocate for the Commission's Office to independently and stand-alone until a Department of Labor is officially created in the Territory.

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On March 8, 2021, Governor Lemanu Mauga signed General Memorandum 054-21 to officiate the transfer of the WCC and its office away from the Department of Human Resources and to be "attached" directly to the Office of the Governor "for administrative purposes only." Therefore, both the WCC and its office are currently "attached" to the Governor's Office as an independent line office. The OWCC also continues to operate autonomously and independently from the Governor's Office, including full control of its fiscal authorization and budget under A.S.C.A. Sec. 32.0517. 

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Political Nature & Funding

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The WCC is considered an apolitical and independent regulator within ASG. It is 100% locally funded with a statutory operating budget approved and appropriated by the local Legislature every Fiscal Year under A.S.C.A. Sec 32.0517.

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