2012 US 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)
Section 8115 - Determination of wage-earning capacity
Publication Title | United States Code, 2012 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart G - Insurance and Annuities CHAPTER 81 - COMPENSATION FOR WORK INJURIES SUBCHAPTER I - GENERALLY Sec. 8115 - Determination of wage-earning capacity |
Contains | section 8115 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 542. |
Statutes at Large References | 39 Stat. 746 63 Stat. 864 74 Stat. 908 80 Stat. 542 |
Public Law References | Public Law 86-767, Public Law 89-554 |
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(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)
Derivation | U.S. Code | Revised Statutes and Statutes 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.
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