§ 1–623.15. 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.