Code of Federal Regulations · Section
§ 702.809 — What Weekly Minimum Rates Apply To Compensation For Temporary Total Disability?
20 C.F.R. § 702.809
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(a) The minimum compensation payable for temporary total disability is the lower of:
(1) The minimum rate in effect on the date of disability, or
(2) The employee's average weekly wage on the date of disability.
(b) Example: Employee A suffers a covered workplace injury on May 6, 2014. He is temporarily totally disabled until November 6, 2015, when he returns to work. His average weekly wages at the time of disability were $500.00. Because his calculated compensation rate (i.e., 66 and
2/3% of $500.00, or $333.34) is lower than the $336.67 FY 2014 minimum rate, A's compensation is raised to $336.67 for the entire period of his disability.
Authorizing Statute
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Compensation authorized42 U.S.C. § 1651
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Departmental regulations5 U.S.C. § 301
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Laws and regulations governing lands43 U.S.C. § 1333
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Short title33 U.S.C. § 901
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Mode of recovery28 U.S.C. § 2461