15. Determination of wage-earning capacity. (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. (Mar. 3, 1979, D.C. Law 2-139, § 2315, 25 DCR 5740; Apr. ability. (b) Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability. (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.) 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'.
District of Columbia Legal Code