D.C. Mun. Regs. tit. 7, § 130
130.1 A disability is partial, when a qualified physician determines that a claimant can perform work with restrictions, provided that:
130.2 If the disability is partial, subject to the limitations in § 1-623.06a, the claimant's monthly monetary compensation shall be sixty-six and two-thirds percent (66 2/3%) of the difference between the claimant's monthly pay, as defined at Section 2301(4) of the Act, and the claimant's monthly wage earning capacity after the beginning of the partial disability.
130.3 If the claimant has actual earnings which fairly and reasonably represent his or her wage-earning capacity, those earnings will form the basis for payment of compensation for partial disability. If the employee's actual earnings do not fairly and reasonably represent his or her wage-earning capacity, or if the claimant has no actual earnings, the Program shall use the factors stated in Section 2315 of the Act to select a position which represents his or her wage-earning capacity. The factors considered include the nature of the injury, the degree of physical impairment, the usual employment, the age of the claimant, the claimant's qualifications for other employment, and the availability of suitable employment. However, the Program will not secure employment for the claimant in the position selected for establishing a wage-earning capacity.
130.4 The formula which the Program uses to compute the compensation payable for partial disability employs the following terms:
represent his or her wage earning capacity; or
(2) The average annual earning potential derived from the labor market survey conducted by the Program as representing the claimant’s wage-earning capacity.
130.5 The phrase “labor market survey,” means a determination of the types of jobs that a claimant is capable of doing, based on the following factors:
130.6 The phrase “average annual earning potential,” means the average of all annual earnings for jobs that were available and considered by the Program at the time it conducted the labor market survey.
130.7 The claimant’s wage-earning capacity, in terms of percentage, is computed by dividing the claimant’s earnings by the current pay rate. The comparison of earnings and “current” pay rate for the job held at the time of injury need not be made as of the beginning of partial disability. The Program may use any convenient date for making the comparison as long as both wage rates are in effect on the date used for comparison.
130.8 The claimant’s salary, if he or she was an employee under Section 2301(1)(A) of the Act, for the purposes of § 130 shall be determined according to grade and step reflected in the claimant’s official personnel record at the time of injury, disability or recurrence.
130.9 The claimant’s wage-earning capacity in terms of dollars is computed by first multiplying the pay rate for compensation purposes by the percentage of wage-earning capacity. The resulting dollar amount is then subtracted from the pay rate for compensation purposes to obtain the claimant’s loss of wage-earning capacity.
130.10 The formula for calculating partial disability based on a monthly rate of pay shall
be as follows:
$$\text{Partial Disability Compensation} = \frac{2}{3} \text{ OR } \frac{3}{4} [(\text{Pay Rate}) - ((\text{Payrate})^{\frac{\text{Earnings}}{\text{Current Pay Rate}}})]$$
130.11 To convert the monthly partial disability monetary compensation into bi-weekly installments, the monthly compensation rate shall be multiplied by twelve (12) and divided by twenty-six (26).
130.12 Cost-of-living adjustments shall be applied to the partial disability compensation rate in accordance with § 139.2 of this chapter.
SOURCE: Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by Final Rulemaking published at 57 DCR 12224, 12229 (December 24, 2010); as amended by Final Rulemaking published at 59 DCR 8766, 8771 (July 27, 2012); as amended by Final Rulemaking published at 64 DCR 6325 (July 7, 2017).