5 USC 8115 - Determination of wage-earning capacity

U.S Code last checked for updates: May 02, 2024

§ 8115.

Determination of wage-earning capacity

(a)

In determining compensation for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—

(1)

the nature of his injury;

(2)

the degree of physical impairment;

(3)

his usual employment;

(4)

his age;

(5)

his qualifications for other employment;

(6)

the availability of suitable employment; and

(7)

other factors or circumstances which may affect his wage-earning capacity in his disabled condition.

(b)

Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)

cite as: 5 USC 8115