(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;
(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.
8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.