{"identifier":"/us/usc/t5/s8115","title":5,"num":"\u00a7\u202f8115.","heading":"Determination of wage-earning capacity","text":"\u00a7\u202f8115.\nDetermination of wage-earning capacity\n(a) In determining compensation for partial disability, except permanent partial disability compensable under sections 8107\u20138109 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\u2014\n(1) the nature of his injury;\n(2) the degree of physical impairment;\n(3) his usual employment;\n(4) his age;\n(5) his qualifications for other employment;\n(6) the availability of suitable employment; and\n(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.\n(b) Section 8114(d) of this title","url":"https://projectusc.org/usc/t5/s8115.html","content":[{"t":"sec","id":"/us/usc/t5/s8115","children":[{"t":"num","text":"\u00a7\u202f8115."},{"t":"heading","text":"Determination of wage-earning capacity"},{"t":"subsec","id":"/us/usc/t5/s8115/a","children":[{"t":"num","text":"(a)"},{"t":"chapeau","text":" In determining compensation for partial disability, except permanent partial disability compensable under sections 8107\u20138109 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\u2014"},{"t":"para","id":"/us/usc/t5/s8115/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the nature of his injury;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8115/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the degree of physical impairment;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8115/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" his usual employment;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8115/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" his age;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8115/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" his qualifications for other employment;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8115/a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" the availability of suitable employment; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s8115/a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" other factors or circumstances which may affect his wage-earning capacity in his disabled condition.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t5/s8115/b","children":[{"t":"num","text":"(b)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 8114(d) of this title","href":"/us/usc/t5/s8114/d","tail":" is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}