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The DC Code: § 1-623.15 Determination of wage-earning capacity.

Index1 Government Organization. (Refs & Annos)
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.

Historical and Statutory

Prior Codifications 1981 Ed., § 1-624.15. 1973 Ed., § 1-353.15. Effect of Amendments D.C. Law 16-305, in subsec. (a)(7), substituted "as a worker with a disability" for "in his or her disabled condition". Legislative History of Laws For legislative history of D.C. Law 2-139, see Historical and Statutory Notes following § 1-601.01. For Law 16-305, see notes following § 1-307.02. DC CODE § 1-623.15 Current through December 11, 2012

Credits

(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.)