District of Columbia Code Division I. Government of District. § 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:

(b) Section 1-623.14 is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.