U.S. Code > Title 5 Government Organization and Employees > PART III—EMPLOYEES (§§ 2101—10210) > Subpart G—Insurance and Annuities (§§ 8101—9009) > CHAPTER 81—COMPENSATION FOR WORK INJURIES (§§ 8101—8193) > SUBCHAPTER I—GENERALLY (§§ 8101—8152) > § 8115. Determination of wage-earning capacity

§ 8115. Determination of wage-earning capacity

(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.