32.0521 Liability for compensation-Exemptions.

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(a) 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.

(b) Any 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 the laws of the United States is not included under the provisions of this chapter and Chapter 32.06.

(c) A “minor employer” means an employer who has 2 or fewer employees regularly employed. Minor employers are not subject to this chapter and Chapter 3106 except as follows:

(1) If any employee of a minor employer files with the Commission a written complaint that such employer is engaged in an occupation hazardous to employees, the Commission shall issue an order to show cause, returnable within 10 days thereafter, requiring such employer to appear and show cause why he should not be required to accept the provisions of this chanter or such order may be issued by the Commission upon its own motion.

(2) Upon hearing, the Commission shall determine whether or not such employer is engaged in an occupation hazardous to employees and such employer shall be conclusively presumed to have accepted the provisions of this title if the determination is in the affirmative.

(3) The Commission’s determination shall be conclusive and binding unless an appeal is taken within 30 days to the High Court of American Samoa. Such appeal may be taken by filing notice of appeal with the Commission, whereupon the Commission shall, under its certificate, forward to the court all documents and papers on file in the matter, together with a transcript of all the evidence, findings and decision. Upon appeal, no additional evidence shall be heard and in the absence of fraud, the findings of fact made by the Commission within its powers shall be conclusive and binding.

History: 1967, PL 10-15.

Case Notes:

Occasioned solely by his intoxication means intoxication was sole cause. A.I.U S.P. v. Workmen’s Compensation Commission. ASR (1979)