United States Code

USC most recently checked for updates: Dec 04, 2022

§ 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