- 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.)