United States Code
USC most recently checked for updates: Dec 04, 2022
Determination of wage-earning capacity
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—
the nature of his injury;
the degree of physical impairment;
his usual employment;
his qualifications for other employment;
the availability of suitable employment; and
other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
cite as: 5 USC 8115