# § 8115. Determination of wage-earning capacity
**(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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**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)
| Derivation | U.S. Code | Revised Statutes andStatutes 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.