§8115 — Title 5 Government Organization and Employees | U.S. Code

Summary

Decisions about pay for partial disability must use the worker’s actual earnings when those earnings fairly show what the worker can earn. If they do not or if the worker has no earnings, the worker’s earning ability is set by what seems reasonable, using seven things: the type of injury, how badly the worker is impaired, the worker’s usual job, age, skills for other work, whether suitable jobs are available, and other relevant factors. Also, section 8114(d) applies after the start of partial disability.

Title 5, §8115

Government Organization and Employees — Source: USLM XML via OLRC

(a)In determining compensation for partial disability, except permanent partial disability compensable under section 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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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.

§8115 Determination of wage-earning capacity

Summary

Title 5, §8115

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata