(a) The special schedule of compensation established by subpart B of
this part shall apply, with the modifications or additions specified in
paragraphs (b) through (k) of this section, to injury or death occurring
on or after July 1, 1971 in the Territory of Guam to non-resident alien
employees recruited in foreign countries for employment by the military
departments in the Territory of Guam. However, the Director may, in his
or her discretion, adopt the benefit features and provisions of local
workers' compensation law as provided in subpart A of this part, or
substitute the special schedule in subpart B of this part or other
modifications of the special schedule in this subpart C, if such
adoption or substitution would be to the advantage of the employee or
his or her beneficiary. This schedule shall not apply to any employee
who becomes a permanent resident in the Territory of Guam prior to the
date of his or her injury or death.
(b) Death benefits. 400 weeks' compensation at two-thirds of the
weekly wage rate, shared equally by the eligible survivors in the same
class.
(c) Death beneficiaries. Beneficiaries of death benefits shall be
determined in accordance with the laws or customs of the country of
recruitment.
(d) Burial allowance. 14 weeks' wages or $400, whichever is less,
payable to the eligible survivor(s), regardless of the actual expense.
If there is no eligible survivor, actual burial expenses may be paid or
reimbursed, in an amount not to exceed what would be paid to an eligible
survivor.
(e) Permanent total disability. 400 weeks' compensation at two-
thirds of the weekly wage rate.
(f) Permanent partial disability. Where applicable, the compensation
provided in paragraphs (c) (1) through (19) of Sec. 25.100, subject to
an aggregate limitation of 400 weeks' compensation. In all other cases,
that proportion of the compensation provided for permanent total
disability (paragraph (e) of this section) which is equivalent to the
degree or percentage of physical impairment caused by the disability.
(g) Temporary partial disability. Two-thirds of the weekly loss of
wage-earning capacity.
(h) Compensation period for temporary disability. Compensation for
temporary disability is payable for a maximum period of 80 weeks.
(i) Maximum compensation. The total aggregate compensation payable
in any case, for injury or death or both, shall not exceed $24,000,
exclusive of medical costs and burial allowance. The weekly rate of
compensation for disability or death shall not exceed $70.
(j) Method of payment. Compensation for temporary disability shall
be payable periodically. Compensation for permanent disability and death
shall be payable in full at the time the extent of entitlement is
established.
(k) Exceptions. The Director may in his or her discretion make
exception to the regulations in this section by:
(1) Reapportioning death benefits for the sake of equity.
(2) Excluding from consideration potential beneficiaries of a
deceased employee who are not available to receive payment.
(3) Paying compensation for permanent disability or death on a
periodic basis, where this method of payment is considered to be in the
best interest of the employee or his or her beneficiary(ies).
