(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. 24, 2007, D.C. Law 16-305, § 3(k), 53 DCR 6198.)
1981 Ed., § 1-624.15.
1973 Ed., § 1-353.15.
D.C. Law 16-305, in subsec. (a)(7), substituted “as a worker with a disability” for “in his or her disabled condition”.
Structure District of Columbia Code
Title 1 - Government Organization
Chapter 6 - Merit Personnel System
Subchapter XXIII - Public Sector Workers’ Compensation
§ 1–623.02. Compensation for disability or death of employee
§ 1–623.02b. Functions — Disability compensation
§ 1–623.03. Medical services and initial medical and other benefits
§ 1–623.04. Vocational rehabilitation
§ 1–623.06. Partial disability
§ 1–623.06a. Period of disability payments
§ 1–623.06b. Report of earnings
§ 1–623.07. Compensation schedule
§ 1–623.08. Reduction of compensation for subsequent injury to same member
§ 1–623.09. Beneficiaries of awards unpaid at death; order of precedence
§ 1–623.10. Augmented compensation for dependents
§ 1–623.11. Additional compensation for services of attendants or vocational rehabilitation
§ 1–623.12. Maximum and minimum monthly compensation
§ 1–623.13. Increase, decrease, or suspension of compensation
§ 1–623.14. Computation of pay
§ 1–623.15. Determination of wage-earning capacity
§ 1–623.16. Limitation of right to receive compensation
§ 1–623.17. Time of accrual of right
§ 1–623.18. Continuation of pay; election to use annual or sick leave
§ 1–623.19. Notice of injury or death
§ 1–623.21. Claim required; contents
§ 1–623.22. Time for making claim
§ 1–623.23. Physical examinations
§ 1–623.24. Time for making claim; finding of facts; award; right to hearing; conduct of hearing
§ 1–623.25. Misbehavior at proceedings
§ 1–623.26. Subpoenas; oaths; examination of witnesses
§ 1–623.27. Representation; attorneys; fees
§ 1–623.29. Recovery of overpayments
§ 1–623.30. Assignment of claim
§ 1–623.31. Subrogation of the District of Columbia
§ 1–623.32. Adjustment after recovery from third person
§ 1–623.33. Compensation in case of death
§ 1–623.34. Funeral expenses; transportation of body
§ 1–623.35. Lump-sum settlements
§ 1–623.36. Injury incurred; initial payments outside United States
§ 1–623.37. Compensation for noncitizens and nonresidents
§ 1–623.38. Minimum limit modification for noncitizens and aliens
§ 1–623.40. Administration. [Repealed]
§ 1–623.41. Adjustments in compensation for disability or death
§ 1–623.42. Employees’ Compensation Fund
§ 1–623.43. Compensation leave
§ 1–623.44. Rules and regulations
§ 1–623.45. Career and Educational Services retention rights