(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.
(Mar. 3, 1979, D.C. Law 2-139, § 2315, 25 DCR 5740; Apr. 24, 2007, D.C. Law 16-305, § 3(k), 53 DCR 6198.)
Prior Codifications1981 Ed., § 1-624.15.
1973 Ed., § 1-353.15.
Effect of AmendmentsD.C. Law 16-305, in subsec. (a)(7), substituted “as a worker with a disability” for “in his or her disabled condition”.