Page:United States Statutes at Large Volume 63 Part 1.djvu/897

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63 STAT.] 81ST CONG. , 1STSESS.-CH. 691-OCT. 14, 1949 or having lost both hands or both feet or the use thereof, or being paralyzed and unable to walk, or by reason of other disability resulting from the injury actually rendering him so helpless as to require constant attendance. "(2) The Administrator may pay to any disabled individual who is undergoing vocational rehabilitation pursuant to the Administra- tor's direction under section 9 (b) additional compensation necessary for his maintenance, but not to exceed $50 per month. "(c) Except as otherwise authorized under section 42, the monthly rate of compensation for disability, including any augmented com- pensation payable by reason of subsection (a) but not including any sum payable by reason of subsection (b), shall not be more than $525 per month and in cases of total disability shall not be less than $112.50 per month, unless the employee's monthly pay is less in which case his monthly rate of compensation for total disability shall be equal to his full monthly pay. "(d) (1) In the case of any person who at the time of the injury was a minor or employed in a learner's capacity and who, prior to the injury, was not physically or mentally handicapped, the Administrator shall, on any review under section 37 after the time when the wage- earning capacity of such person would probably, but for the injury, have increased, prospectively recompute the monetary compensation payable for disability on the basis of an assumed monthly pay cor- responding to such probable increased wage-earning capacity. The Administrator may, on any review under section 37 after a disabled employee has attained the age of seventy years and the wage-earning capacity of the disabled employee would probably, aside from and independently of the effects of the injury, have decreased on account of old age, prospectively recompute the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to such probable decreased wage-earning capacity. "(2) If a disabled individual, without good cause, fails to apply for and undergo vocational rehabilitation when so directed pursuant to section 9 (b), and the Administrator, upon review under section 37, finds that in the absence of such failure the individual's wage- earning capacity would probably have substantially increased, the Administrator may prospectively reduce the individual's monetary compensation in accordance with what would probably have been his wage-earning capacity in the absence of such failure, until the indi- vidual in good faith complies with the Administrator's direction." INCREASE IN DEATH BENEFITS, AND SO FORTH SEC. 106. (a) Section 10 of the Federal Employees' Compensation Act, as amended (5 U. S . C., 1946 edition, sec. 760), is further amended by striking out "6623" wherever it occurs and inserting in lieu thereof "75"; by striking out "35" in clauses (A) and (B) and inserting in lieu thereof "45"; by striking out in clause (C) the words "the com- pensation payable under clause (A) or clause (B)" and inserting in lieu thereof "40 per centum"; by striking out "10" in clauses (C) and (D) and inserting in lieu thereof "15"; and by striking out "25" in clause (D) and inserting in lieu thereof "35". (b) Clause (K) of such section, as amended, is further amended to read as follows: "(K) In computing compensation under this section the monthly pay shall be considered not to be less than $150, but the total monthly compensation shall not exceed the monthly pay computed as provided in section 12 or the sum of $525.n (c) Clause (B) of such section, as so amended, is further amended to read as follows: Payment for voca- tional rehabilitation. Post, p. 862. Monthly rate. 39 Stat. 750. 5U. S.0. 793. Recomputation ot compensation for mi- nors, learners, etc. 39 Stat. 749. 5 U.. .C. 787. Failure to undergo vocational rehabilita- tion. Post, p. 862. 39 Stat. 749. 5U. .a.i 787. 39 Stt. 744. 5 U. . 0..170 (A)- (D). 39 Stat. 745 5 U.S. 0. 760 (K). Monthly pay. PEt p.p6.2 39 Stat. 744 . 5U. . C. 170 (B). SUP- * 859