Section 8115 - Determination of wage-earning capacity(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.(b) 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 NOTE |
| 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. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.