Page:United States Statutes at Large Volume 63 Part 1.djvu/902

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PUBLIC LAWS-CH. 691-OCT. 14 , 1949 "Yeat." 39 Stat. 746. Ante, p. 862 . Ante, p. 855. Determination of wage-earning capacity. in this section, such average annual earnings shall be determined at the reasonable value of the service rendered but not in excess of $3,600 per annum. "(d) As used in this section the term 'year' means a period of twelve calendar months, or the equivalent thereof as specified in regulations issued by the Administrator." COMPUTATION OF WAGE-EARNING CAPACITr SEC. 204. Section 13 of the Federal Employees' Compensation Act (5 U. S. C., 1946 edition, sec. 763), is amended to read as follows: "SEc. 13. (a) In the determination of an employee's wage-earning capacity after the beginning of partial disability, the rules specified in section 12 (b) shall apply. " (b) The wage-earning capacity of an injured employee, in deter- mining compensation for partial disability other than permanent partial disability compensable under section 5, shall be determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity: Provided, however, That if the employee has no actual earnings, or his actual earnings do not fairly and reasonably represent his wage-earning capacity, such wage-earning capacity as shall appear reasonable under the circumstances of the case shall be determined, having due regard to the nature of his injury, the degree of physical impairment, his usual employment, and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition." ADMINISTRATOR SUBSTITUTED FOB COMMISSION 39 Stat7. not SE. 205. (a) Section 28 of the Federal Employees' Compensation U. .M Act, as amended, is amended to read as follows: Deiegationofpowr "SE. 28. This Act shall be administered by the Administrator. The Administrator is authorized to delegate to any officer or employee of the Federal Security Agency any of the powers conferred upon him by this Act." 39stt.Cs 74. (b) The first and third sentences of section 28a of such Act are repealed, but such repeal shall not be construed to revive any independent bureau or other agency abolished by such section. (c) (1) The word "commission" (or other designation of the com- mission), and the word "it" or "its" whenever they refer to the com- mission, in any part of such Act, are struck out wherever necessary in order to give effect to subsection (a) of this section, and the words "Administrator" and "he" or "his", respectively, are inserted in lieu thereof. (2) In addition, the phrase ", or any commissioner by authority of 39stat.c78. the commission," in section 29 of such Act is struck out. 5 OVEPU.S .C. N OVYEPAYMENTS 39 Stat. 749. 39 Stat. 749. 5U. .C.I.786, 787. Incorrect payments. SEC. 206. Section 38 of the Federal Employees' Compensation Act (5 U. S. C., 1946 edition, sec. 788), is amended to read as follows: SEC. 38 . (a) Subject to the provisions of sections 36 and 37, when- ever by reason of an error of fact or law an overpayment has been made to an individual under this Act, proper adjustments shall be made, under regulations prescribed by the Administrator, by decreas- ing subsequent payments to which such individual is entitled. If such individual dies before such adjustment has been completed, adjustment shall be made by decreasing subsequent benefits, if any, payable under this Act with respect to such individual's death. (b) There shall be no adjustment or recovery by the United States in any case where incorrect payment has been made to an individual 864 [63 STAT.