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U.S. Code as of:
01/19/04
Section 906. Compensation
(a) Time for commencement
No compensation shall be allowed for the first three days of the
disability, except the benefits provided for in section 907 of this
title: Provided, however, That in case the injury results in
disability of more than fourteen days the compensation shall be
allowed from the date of the disability.
(b) Maximum rate of compensation
(1) Compensation for disability or death (other than compensation
for death required by this chapter to be paid in a lump sum) shall
not exceed an amount equal to 200 per centum of the applicable
national average weekly wage, as determined by the Secretary under
paragraph (3).
(2) Compensation for total disability shall not be less than 50
per centum of the applicable national average weekly wage
determined by the Secretary under paragraph (3), except that if the
employee's average weekly wages as computed under section 910 of
this title are less than 50 per centum of such national average
weekly wage, he shall receive his average weekly wages as
compensation for total disability.
(3) As soon as practicable after June 30 of each year, and in any
event prior to October 1 of such year, the Secretary shall
determine the national average weekly wage for the three
consecutive calendar quarters ending June 30. Such determination
shall be the applicable national average weekly wage for the period
beginning with October 1 of that year and ending with September 30
of the next year. The initial determination under this paragraph
shall be made as soon as practicable after October 27, 1972.
(c) Applicability of determinations
Determinations under subsection (b)(3) of this section with
respect to a period shall apply to employees or survivors currently
receiving compensation for permanent total disability or death
benefits during such period, as well as those newly awarded
compensation during such period.
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