§ 8115 - Determination of wage-earning capacity

CHAPTER 81— COMPENSATION FOR WORK INJURIES › SUBCHAPTER I— GENERALLY

(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—

(a)(1) the nature of his injury;

(a)(2) the degree of physical impairment;

(a)(3) his usual employment;

(a)(4) his age;

(a)(5) his qualifications for other employment;

(a)(6) the availability of suitable employment; and

(a)(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.

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 763.Sept. 7, 1916, ch. 458, § 13, 39 Stat. 746. Oct. 14, 1949, ch. 691, § 204, 63 Stat. 864. Sept. 13, 1960, Pub. L. 86–767, § 204, 74 Stat. 908.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.