---
kind: "section"
citation: "20 C.F.R. § 702.809"
title: "20"
number: "702.809"
heading: "What weekly minimum rates apply to compensation for temporary total disability?"
url: "https://uscodex.org/cfr/20/702.809"
---

# §702.809. What weekly minimum rates apply to compensation for temporary total disability?

- (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.

## Notes

### Source

Source: 83 FR 17290, Apr. 19, 2018 unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, and 8171 et seq.; 33 U.S.C. 901 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 38 FR 26861, Sept. 26, 1973, unless otherwise noted.