District of Columbia · Through 2026-08-20 (D.C. Law 26-175)

D.C. Code § 1-623.15: Determination of wage-earning capacity.

(a)
In determining compensation for partial disability, except permanent partial disability compensable under §§ 1-623.07 and 1-623.09, the wage-earning capacity of an employee is determined by his or her actual earnings, if his or her actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to the following:
(1)
The nature of his or her injury;
(2)
The degree of physical impairment;
(3)
His or her usual employment;
(4)
His or her age;
(5)
His or her qualifications for other employment;
(6)
The availability of suitable employment; and
(7)
Other factors or circumstances which may affect his or her wage-earning capacity as a worker with a disability.

(b)
Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

Where this section sits in the code

Title 1. Government Organization.
Chapter 6. Merit Personnel System.
Subchapter XXIII. Public Sector Workers’ Compensation.

(a)

In determining compensation for partial disability, except permanent partial disability compensable under §§ 1-623.07 and 1-623.09, the wage-earning capacity of an employee is determined by his or her actual earnings, if his or her actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to the following:

(1)

The nature of his or her injury;

(2)

The degree of physical impairment;

(3)

His or her usual employment;

(4)

His or her age;

(5)

His or her qualifications for other employment;

(6)

The availability of suitable employment; and

(7)

Other factors or circumstances which may affect his or her wage-earning capacity as a worker with a disability.

(b)

Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

Collected 2026-08-29T05:44:07Z. Source file · JSON

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