The employer shall calculate COP using the period of time and the
weekly pay rate.
(a) The pay rate for COP purposes is equal to the employee's regular
``weekly'' pay (the average of the weekly pay over the preceding 52
weeks).
(1) The pay rate excludes overtime pay, but includes other
applicable extra pay except to the extent prohibited by law.
(2) Changes in pay or salary (for example, promotion, demotion,
within-grade increases, termination of a temporary detail, etc.) which
would have otherwise occurred during the 45-day period are to be
reflected in the weekly pay determination.
(b) The weekly pay for COP purposes is determined according to the
following formulas:
(1) For full or part-time workers (permanent or temporary) who work
the same number of hours each week of the year (or of the appointment),
the weekly pay rate is the hourly pay rate (A) in effect on the date of
injury multiplied by ( x ) the number of hours worked each week (B): A
x B = Weekly Pay Rate.
(2) For part-time workers (permanent or temporary) who do not work
the same number of hours each week, but who do work each week of the
year (or period of appointment), the weekly pay rate is an average of
the weekly earnings, established by dividing (/) the total
earnings (excluding overtime) from the year immediately preceding the
injury (A) by the number of weeks (or partial weeks) worked in that year
(B): A / B = Weekly Pay Rate.
(3) For intermittent and seasonal workers, whether permanent or
temporary, who do not work either the same number of hours or every week
of the year (or period of appointment), the weekly pay rate is the
average weekly earnings established by dividing (/) the total
earnings during the full 12-month period immediately preceding the date
of injury (excluding overtime) (A), by the number of weeks (or partial
weeks) worked during that year (B) (that is, A / B); or 150 times
the average daily wage earned in the employment during the days employed
within the full year immediately preceding the date of injury divided by
52 weeks, whichever is greater.
[63 FR 65306, Nov. 25, 1998; 63 FR 71202, Dec. 23, 1998]
