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D.C. Code § 1-623.15

Determination of wage-earning capacity

Mar. 3, 1979, D.C

(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.

Official source: D.C. Law Library (Council of the District of Columbia). Reproduced from public-domain District of Columbia statutes; confirm against the official source for the current text. Not legal advice.