32.0622 Wage-earning capacity of employees with temporary partial disability or permanent partial disability.

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The wage-earning capacity of an injured employee in cases of partial disability under subsection (b) of 32.0609 and 32.0611 shall be determined by his actual earnings if such actual earnings fairly and reasonably represent his wage-earning capacity. If the employee has no actual earnings or if his actual earnings do not fairly and reasonably represent his wageearning capacity, the Commissioner may, in the interest of justice, fix such wage-earning capacity as shall be reasonable, having due regard to the nature of his injury, the degree of physical impairment, his usual employment and any other factors or circumstances in the case which may affect his capacity to earn wages in his disabled condition, including the effect of disability as it may naturally extend into the future.

History: 1967, PL 10-15.