Page:United States Statutes at Large Volume 63 Part 1.djvu/901

 63 STAT.] 81ST CONG. , IST SESS.-4H. 691-OCT. 14, 1949 as observed by the establishment in which the employee is employed. "(c) (1) The monthly pay at the time of injury shall be deemed to be one-twelfth of the employee's average annual earnings at that time, except that when compensation is paid upon a weekly basis, the weekly equivalent of such monthly pay shall be deemed to be one- fifty-second of such average annual earnings: Provided, That, for so much of the period of total disability as does not exceed ninety calendar days from the date of the beginning of compensable disability, the compensation may, in the discretion of the Administrator, be com- puted on the basis of the employee's actual daily wage at the time of injury and in that event he may be paid compensation for such days as he would have worked but for the injury. "(2) Average annual earnings shall be determined as follows: "(A) If the employee worked in the employment in which he was working at the time of his injury during substantially the whole of the year immediately preceding such injury, his average annual earnings shall consist of the product obtained by multiply- ing his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by three hundred if he was employed on the basis of a six-day workweek, two hundred and eighty if employed on the basis of a five-and-one -half-day week, and two hundred and sixty if employed on the basis of a five-day week, except that if the employment was in a position for which an annual rate of compensation was fixed, such average annual earnings shall consist of such annual rate of compensa- tion. "(B) If the injured employee did not work in such employ- ment during substantially the whole of such year, but the position was such as would have afforded employment for substantially a whole year, then the average annual earnings of such employee shall be equal to the average annual earnings of an employee of the same class working substantially the whole of such immedi- ately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined in accordance with clause (A). "(C) If either of the foregoing methods of determining the average annual earnings of an injured employee cannot reason- ably and fairly be applied, such average annual earnings shall be such sum as, having regard to the previous earnings of the injured employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighbor- ing locality, or to other previous employment of such employee, or to any other relevant factors, shall reasonably represent the annual earning capacity of the injured employee in the employ- ment in which he was working at the time of the injury: Provided, That his average annual earnings shall consist of not less than one hundred and fifty times the average daily wage which he shall have earned in such employment during the days when so em- ployed within the period of one year immediately preceding his injury. "(D) Such rules shall, so far as practicable, be also applied in the case of an employee serving without pay or at nominal pay: Provided, That (i) the average annual earnings of such employee shall in no event exceed the basic rate of annual com- pensation specified under the Classification Act of 1923, as amended, for positions in grade CAF-15 or P-8 at the bottom of such grade, and (ii) if his average annual earnings cannot reason- ably and fairly be determined in the manner otherwise provided 863 Monthly pay at time of injury. Actual daily wage as basis. Average annual earnings. Minlmnm Limiltaton. 42 Stat. 1488 . 5U.. c. i.H - 674; Supp. II, i 662 d Pato p. 972.

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