§ 8115 Determination of wage-earning capacity

5 U.S.C. 8115(a)(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—

5 U.S.C. 8115(a)(1)(1) the nature of his injury;

5 U.S.C. 8115(a)(2)(2) the degree of physical impairment;

5 U.S.C. 8115(a)(3)(3) his usual employment;

5 U.S.C. 8115(a)(4)(4) his age;

5 U.S.C. 8115(a)(5)(5) his qualifications for other employment;

5 U.S.C. 8115(a)(6)(6) the availability of suitable employment; and

5 U.S.C. 8115(a)(7)(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.

5 U.S.C. 8115(b)(b) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.