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 Printer-Friendly Version
(a) If an individual--
(1) was a minor or employed in a learner's capacity at the time of
injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under section 8128 of this title after
the time the wage-earning capacity of the individual would probably have
increased but for the injury, shall recompute prospectively the monetary
compensation payable for disability on the basis of an assumed monthly pay
corresponding to the probable increased wage-earning capacity.
(b) If an individual without good cause fails to apply for and undergo
vocational rehabilitation when so directed under section 8104 of this
title, the Secretary, on review under section 8128 of this title and after
finding that in the absence of the failure the wage-earning capacity of
the individual would probably have substantially increased, may reduce
prospectively the monetary compensation of the individual in accordance
with what would probably have been his wage-earning capacity in the
absence of the failure, until the individual in good faith complies with
the direction of the Secretary.
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