2018 US Code
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
| 5 U.S.C. § 8115 (2018) | ||||||||||||
| §8115. Determination of wage-earning capacity | ||||||||||||
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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. |
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.) |
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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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| United States Code, 2018 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES | ||||||||||||
| Bills and Statutes | ||||||||||||
| United States Code | ||||||||||||
| Y 1.2/5: | ||||||||||||
| 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 |
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| section 8115 | ||||||||||||
| 2018 | ||||||||||||
| January 14, 2019 | ||||||||||||
| Yes | ||||||||||||
| standard | ||||||||||||
| 39 Stat. 746 63 Stat. 864 74 Stat. 908 80 Stat. 542 |
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| Public Law 86-767, Public Law 89-554 |
