All provisions of the American Samoa Workmen's Compensation Act (ASWCA), including policies and procedures, processes, and rules and regulations enforced and implemented by the Commission on coverage and claims, must be enforced and maintained. Therefore, all the reserved rights and compliance provisions as mandated by the ASWCA and as followed shall be uphold at all times.
Employment Rights of an Injured Employee
No employer may discharge or dismiss an employee or deny such an employee the right to return to his employment solely because he suffers any work injury compensable under the ASWC Act which arises out of and in the course of employment with the employer, unless it is shown to the satisfaction of the Commissioner that the employee is no longer be capable of performing such work and the employer has no other available work which the employee is capable of performing and which becomes available after the dismissal or discharge and during the period thereafter until the employee secures a new employment. This requirement does not apply to minor employers.
Employer's Right to Dispute & Controvert Right of Compensation.
The employer has the right to dispute and controvert right of compensation on any employee claim. However, the employer must comply with statutory requirements as prescribed by law on how to controvert such claim. This includes the proper filing of the prescribed Notice to Controvert Right of Compensation form to the carrier or Commission within the prescribed time as specified by law.
Actions to Protect Rights of All Parties.
The Commissioner may, upon his own initiative at any time in a case in which payments are being made without an award, and shall, in any case where right to compensation is controverted or payment of compensation has been stopped or suspended, upon receipt of notice from any individual entitled to compensation or from the employer, that the right to compensation is controverted or that payment of compensation has been stopped or suspended, make such investigations, cause such medical examinations to be made, hold such hearings, and take such further action as he considers will properly protect the rights of all parties.
Employers Prohibited Making Invalid Agreements.
It is prohibited under the ASWC Act for an employer to make any agreement for an employee to pay any portion of premium paid by such employer to the carrier, or to contribute to a benefit fund or department maintained by such employer for the purpose of providing compensation or medical services and supplies. In addition, no agreement by an employee to waive his right to compensation shall be valid.
Making False or Misleading Statements.
It is prohibited for any person who knowingly makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under the ASWC Act, or to evade liability for any benefit or payment.
Re-opening Claims Suspected or Reported as Fraudulent.
The Commission may at any time either of its own motion or upon the application of any party reopen any case on the ground that fraud has been practiced on any party and render such decision as is proper under the circumstances.
Certificate of Compliance (and Exempt Coverage).
Regardless of industry, all employers conducting business in American Samoa is required to file and secure a Certificate of Compliance (or a Certificate of Compliance - Exempt Coverage for exempted employers) with the Commission. Employers are also required to renewal such certificate upon expiration and to post or have on hand such certificate at its place of business at all times.
Insurance Carriers & Coverage Policy
Workers Compensation Insurance Policy.
Any employer employing 3 or more employees are required to secure a workmen's compensation insurance policy with any authorized insurance carrier. Also, the Notice of Coverage Secured as provided by the carrier as proof a policy has been secured by the employer must be posted at the employer's place of business. This notice must also be provided to the Commission's Office to obtain a Certificate of Compliance.
Authorization to Sell Workers Compensation in American Samoa.
No carrier or employer is allowed under the ASWC Act to insure payment of worker's compensation in American Samoa unless granted authorization by the Commission. In granting such authorization, the Commission may take into consideration the recommendation or of any authority having supervision. The Commission may also authorize any carrier to insure the payment of compensation under the ASWC Act.
Suspension or Revocation of a Carrier's Authority to provide Workers Compensation.
Under the ASWC Act, the Commission may suspend or revoke any carrier's authorization to provide workers compensation insurance for good cause shown after a hearing at which the carrier shall be entitled to be heard in person or by counsel and to present evidence. No suspension or revocation shall affect the liability of any carrier already incurred.
Insurance Policy Requirements.
Every policy or contract of insurance issued under authority of the ASWC Act must contain: (1) provision to carry out the provision under A.S.C.A. Sec. 32.0535 which mandates the carrier to serve as substitution for the employer as a liable party; (2) provision that insolvency or bankruptcy of the employer, or discharge therein, or both, does not relieve the carrier from payment of compensation for disability or death sustained by an employee during the life of such policy or contract.
Requirements for Policy Cancellation.
No contract or policy of insurance issued by a carrier may be canceled prior to the date specified in such contract or policy for its expiration until at least 30-days have elapsed after a notice of cancellation has been sent to the Commissioner and to the employer.
Substitution of Carrier for Employer as Liable Party.
By regulation, the liability for compensation will be effectively discharged and administered by the carrier for an employer who is not self-insurer. All obligations and duties of the employer regarding such compensation liability as required by law shall also be imposed upon the carrier. For such purpose, (1) the notice to or knowledge of an employer's occurrence of the injury shall be notice to or knowledge of the carrier; (2) jurisdiction over the employer by the Commissioner, the Commission, or any Court shall be jurisdiction over the carrier; and (3) any requirement by the Commissioner, the Commission, or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.
Claim Facilities.
The carrier is required by law to provide claim facilities through its own staffed adjusting facilities located within the Territory or by independent, licensed, resident adjusters with power to effect settlement within the Territory.
Liability for Compensation - Exemption.
Liability for compensation does not apply where injury to the employee is occasioned solely by his intoxication or by his willful intention to injure or kill himself or another. Exemption also applies to both minor employers and person employing individuals for whom a rule of liability for injuries or death arising out of and in the course of employment is provided by laws of the United States.
Claims & Injury Reporting
Reporting of Injury.
Both the employer and employee are required respectively to report an injury or death at work using the prescribed form approved by the Commission. It is required by for both employer and employee to report such injury notification to the Commission within time specified by the ASWC Act. An employer is required to report an injury or death within the 10-days from the date of injury, or from the date the employer has first-knowledge of such injury or death, to both the Commission and insurance carrier. The employee is mandated to report the employer any injury or death within 30-days from the date of injury.
Time of Filing a Claim.
A claim can be filed after the first 7-days of disability or within 1-year from the date of injury. A death benefit claim may be filed within 1-year after death or within one year after the dependents know or by exercise of reasonable diligence should know the possible relationship of the death to the employment. If the nature of the injury or disease, or its relationship to the employment, is not known to the claimant, the time for filing shall not begin to run until the claimant has or by exercise of reasonable diligence should have such knowledge.
No claim shall be barred for filing if it fails to meet the statute of limitation, unless objection to such failure is made during the claimant's first informal hearing in which all parties in interest are given reasonable notice and opportunity to be heard.
Physical Examinations.
Any employee claiming or entitled to compensation is required to submit physical examination when required by the Commissioner or the Administrative Law Judge. Proceedings can be suspended, and no compensation may be payable for any period during which an employee refuses to submit an examination.
Securing Payment of Compensation.
The employer is required under the ASWC Act to secure all payment of compensation.
Payment Installments and Issuance.
Compensation under the ASWC Act must be paid periodically, promptly, and directly to the individual entitled thereto without an award, except where liability to pay compensation is controverted by the employer. The first installment of compensation must be due on the 14th day after the employer has knowledge of the injury or death and whereby such date all compensation thereafter shall be due. Compensation must be paid in semi-monthly installments except where Commissioner determines that payment installments should be made monthly or at some other interval.
Transfer or Destruction of Property to Avoid Payment.
If an employee is injured at work, it is prohibited under the ASWC Act for any employer to knowingly transfers, sells, encumbers, assigns or in any manner disposes of, conceals, secretes, or destroys any of its property with intent to avoid the payment of compensation to such employee or his dependents.
Payment of Fees or Gratuity for Services of a Claim (Aside from Legal Fees).
The ASWC Act prohibits the payment of any fees, other consideration, or any gratuity on account of services rendered in respect to a claim (except legal fees) unless such gratuity or consideration is approved by the Commissioner or court, or by a person who makes it a business to solicit himself or employment for a lawyer in respect to any claim or award of compensation. If approved, all such fees shall be lien upon the employee's compensation award.
