{"data":{"id":"us/5-u.s.c.-8115","jurisdiction":"us","citation":"5 U.S.C. § 8115","heading":"Determination of wage-earning capacity","body":"(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.","path":["Title 5—GOVERNMENT ORGANIZATION AND EMPLOYEES","CHAPTER 81—COMPENSATION FOR WORK INJURIES"],"source_url":"https://uscode.house.gov/download/releasepoints/us/pl/119/103/xml_usc05@119-103.zip","current_through":"Public Law 119-103 (09/02/2026)","vintage":"","retrieved_at":"2026-09-10T05:55:42Z","sha256":"56f73cf4650703017a4ffbfa9bc92d1131c221770c9bfaeb668a74708e26a773","source_id":"us","stale":false,"prev":"us/5-u.s.c.-8114","next":"us/5-u.s.c.-8116"},"notice":"GroundRules: Original legal text. Not legal advice."}