5 U.S.C. § 8115
Title 5
Chapter 81
Current through PL 116-220
~1 min read
Last updated: March 30, 2026
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Sections in this chapter
- § 8101
- § 8102
- § 8102a
- § 8103
- § 8104
- § 8105
- § 8106
- § 8107
- § 8108
- § 8109
- § 8110
- § 8111
- § 8112
- § 8113
- § 8114
- § 8115
- § 8116
- § 8117
- § 8118
- § 8119
- § 8120
- § 8121
- § 8122
- § 8123
- § 8124
- § 8125
- § 8126
- § 8127
- § 8128
- § 8129
- § 8130
- § 8131
- § 8132
- § 8133
- § 8134
- § 8135
- § 8136
- § 8137
- § 8138
- § 8139
- § 8140
- § 8141
- § 8142
- § 8143
- § 8143a
- § 8144
- § 8145
- § 8146
- § 8146a
- § 8147
- § 8148
- § 8149
- § 8150
- § 8151
- § 8152
- § 8171
- § 8172
- § 8173
- § 8191
- § 8192
- § 8193
§ 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.
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