5 U.S.C. § 8115 — Determination 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
This section directs how the Secretary determines an employee’s wage-earning capacity for disability compensation. It provides for consideration of actual earnings and specified factors.
(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.
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—
the nature of his injury;
the degree of physical impairment;
his usual employment;
his age;
his qualifications for other employment;
the availability of suitable employment; and
other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
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.)
- 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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