32.0653 Enforcement proceeding.

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(a) If any employer or his officers or agents fail to comply with a compensation order making an award that has become final, any beneficiary of such award, or the Commissioner, may apply to the High Court of American Samoa for the enforcement of the order.

(1) If the Court determines that the order was made and, served in accordance, with law and that such employer or his office is or agents have failed, to comply therewith, the court shall enforce obedience to, the order by writ of injunction or by other proper process, mandatory or otherwise.

(c) Proceedings for suspending, setting aside, or enforcing a compensation order, whether rejecting a claim or making an award, shall not be instituted otherwise than as provided in, this section and 32.0652 and 32.0674.

History: 1967, PL, 10-15; amd 1977, PL 15-18 § 1.

Amendments: 1977 Changed citation style.

Case Notes:

Claim of employer seeking review of compensation award under Administrative Procedure Act provisions for review, set out in 41022 et seq., that this section and 32.06.52 are fatally ambiguous, was without merit In re Westerlund v. Scanlan, 4 ASR 995 (1975).

Statutory provision providing for judicial review of Workmen’s Compensation Commission orders excludes other avenues of judicial review but does not preclude reconsideration proceedings at the administrative level. A.S.C.A. §§ 32.0652-32.0653. Harris v. Commissioner of the American Samoa Government Workmen’s Compensation Commission, 24 A.S.R.2d 124 (1993).