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5 U.S. Code § 8115 - Determination of wage-earning capacity

(a) In determining compensation for partial disability, except permanent partial disability compensable under sections 81078109 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)

Historical and Revision Notes


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.

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