Fabio
00a184bb3c
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
56 lines
2.5 KiB
Markdown
56 lines
2.5 KiB
Markdown
---
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type: "LegalText"
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title: "5 U.S.C. § 8115"
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description: "Determination of wage-earning capacity"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "81"
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chapter_name: "COMPENSATION FOR WORK INJURIES"
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section: "8115"
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citation: "5 U.S.C. § 8115"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
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source_identifier: "/us/usc/t5/s8115"
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source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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source_hash: "ecc16484a222221550056e32e299de5d2c345d5d55ff812963888f160da95c53"
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raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
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text_hash: "03dc13a73c1ac07ce445bc54e77899fd5fb04affd6c6ab9feac637c48e554ba4"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 8115 - Determination of wage-earning capacity
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## Text
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(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—
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(1) the nature of his injury;
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(2) the degree of physical impairment;
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(3) his usual employment;
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(4) his age;
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(5) his qualifications for other employment;
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(6) the availability of suitable employment; and
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(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
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(b) Section 8114(d) of this title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 542.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 763.Sept. 7, 1916, ch. 458, § 13, 39 Stat. 746. Oct. 14, 1949, ch. 691, § 204, 63 Stat. 864. Sept. 13, 1960, Pub. L. 86–767, § 204, 74 Stat. 908. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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