5 U.S.C. § 8115 — Determination of wage-earning capacity

1. (a)In determining compensation for partial disability, except permanent partial disability compensable under sections 8107–8109 of this title, the wage-earning capacity of an employee is determined by his actual earnings if his actual earnings fairly and reasonably represent his wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his wage-earning capacity as appears reasonable under the circumstances is determined with due regard to—
   1. (1)the nature of his injury;
   2. (2)the degree of physical impairment;
   3. (3)his usual employment;
   4. (4)his age;
   5. (5)his qualifications for other employment;
   6. (6)the availability of suitable employment; and
   7. (7)other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
2. (b)Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.