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 age;
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.
Notes
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Historical and Revision Notes |
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Derivation | U.S. Code | Revised Statutes and Statutes 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. |