(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;
(4) his age;
(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.)
|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.