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

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 149 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 542

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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