5 U.S. Code § 8115

5 U.S. Code § 8115 is about Determination of wage-earning capacity. It is under Subchapter I (Generally) of Chapter 81 (Compensation For Work Injuries) of Subpart G (Insurance And Annuities) of Part III (Employees) of Title 5 (Government Organizations and Employees) of the Code.

(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

(b) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.