
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8115]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
               CHAPTER 81--COMPENSATION FOR WORK INJURIES
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 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;
        (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.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 763.                 Sept. 7, 1916, ch.
                                                    458, Sec.  13, 39
                                                    Stat. 746.
                     ............................  Oct. 14, 1949, ch.
                                                    691, Sec.  204, 63
                                                    Stat. 864.
                     ............................  Sept. 13, 1960, Pub.
                                                    L. 86-767, Sec.
                                                    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.
