5 U.S.C. § 8115 - U.S. Code - Unannotated Title 5. Government Organization and Employees § 8115. Determination of wage-earning capacity

(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--

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