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American Samoa Government v Tinitali [2012] ASHC 32; AP 02-12 (3 August 2012)

OPINIONS

OF THE

APPELLATE DIVISION

OF THE

HIGH COURT OF AMERICAN SAMOA

(2011-2012)

AMERICAN SAMOA GOVERNMENT,
Appellant,

v.

PETER TINITALI,
Appellee.
___________________________________
High Court of American Samoa
Appellate Division

AP No. 02-12

August 3, 2012

[1] A court cannot render a decision or judgment in an action for which the court knows it lacks subject matter jurisdiction. Generally, any such judgment or decision is a nullity (provided the issue of jurisdiction is raised). Consequently, any party or the court itself can question the court’s jurisdiction. If a court is made to know or discovers it lacks jurisdiction over a controversy at any time during the litigation process, the court must dismiss that controversy.

[2] The Workmen’s Compensation Procedures and Claims chapter, A.S.C.A. §§ 32.0601-32.0674, lays out the procedure by which workmen’s compensation orders are issued, challenged, and reviewed. Within one year of an injury, a claimant must file a claim with the Workmen’s Compensation Commission (“WCC”). A.S.C.A. § 32.0627. The Commissioner of the WCC “may transfer such a case to any member of the Commission for the purpose of making investigation...or taking such other necessary action therein as may be directed, for the primary purpose of creating a record for disposition by the Administrative Law Judge in accordance with A.S.C.A. § 32.0653.” A.S.C.A. § 32.0629(a). The Commissioner or his designee may also decide to pursue settlement with the claimant, but, if after 45 days there is no settlement, the Commissioner or his designee “forward[s] the claim to the Administrative Law Judge for a decision to be made in accordance with A.S.C.A. 32.0653.” A.S.C.A. § 32.0629. The claim then comes before an Administrative Law Judge (“ALJ”), who makes a decision on the claim, issuing a workmen’s compensation order pursuant to A.S.C.A. §§ 32.0635-32.0646. The ALJ then files this workmen’s compensation order with the Office of the Commissioner. A.S.C.A. § 32.0650. The “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.” A.S.C.A. § 32.0651.