1. (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. (1) The nature of his or her injury;
   2. (2) The degree of physical impairment;
   3. (3) His or her usual employment;
   4. (4) His or her age;
   5. (5) His or her qualifications for other employment;
   6. (6) The availability of suitable employment; and
   7. (7) Other factors or circumstances which may affect his or her wage-earning capacity as a worker with a disability.
2. (b) Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.

History

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

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”.

Prior Codifications

1973 Ed., § 1-353.15.

1981 Ed., § 1-624.15.