32.0651 Effective date of order.

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A compensation order becomes effective when filed, in the Office of the Commissioner and, unless proceedings for the suspension or setting aside of such order are instituted, becomes final at the expiration of the thirtieth day thereafter.

History: 1967, PL 10-15.

Case Notes:

Proceedings within the meaning of this section includes petition for reconsideration filed with Commission but does not include appeal under Administrative Procedure Act, as such is prohibited under subsection (b) of 4.1040. Haleck v. ScanIan, ASR (1977).

This section is a, statute-of limitations and precludes interference with a, compensation order after the 30-day limit has expired, so that request for injunction restraining enforcement of order, requested 6 months after order was filed, would be denied. Haleck v. Scanlan, 4 ASR. 841 (1975).

Judicial review of a compensation award must be instituted within 30 days of the date of filing of the award; otherwise the award becomes final and not subject to judicial review. In re Westerlund v. Scanlan, 4 ASR 998 (1975).

Although a Workmen’s Compensation order is “effective” when filed in the Commissioner’s office, it does not become “final” until after 30 days; during this period of time, the Commissioner may reconsider his order. A.S.C.A. § 32.0651. Harris v. Commissioner of the American Samoa Government Workmen’s Compensation Commission, 24 A.S.R.2d 158 (1993).