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
(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.
