Definition of Wage Earning Capacity §418.301(4)(b)

  • Wage Earning Capacity means:
    • “Wages the employee earns oris capable of earning;
    • At a job reasonably available to the employee;
    • Whether or not wages are actually earned.
  • To Establish A Limitation of Wage Earning Capacity :
    • Employee has affirmative duty to seek work reasonably available to employee;
    • Taking into consideration the limitations (i.e. restrictions) from the work-related injury
    • Magistrate may consider good faith job search efforts to determine whether jobs are reasonably available.