# 20 CFR § 10.403: When and how is compensation for partial disability paid?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-10.403

## Section

- **Citation:** 20 CFR § 10.403
- **Heading:** When and how is compensation for partial disability paid?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR > SUBCHAPTER B—FEDERAL EMPLOYEES' COMPENSATION ACT > PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED > Subpart E—Compensation and Related Benefits > Compensation for Disability and Impairment

## Text

(a) 5 U.S.C. 8115 outlines how compensation for partial disability is determined. If the employee has actual earnings which fairly and reasonably represent his or her wage-earning capacity, those earnings will form the basis for payment of compensation for partial disability. (See §§ 10.500 through 10.521 concerning return to work.) If the employee's actual earnings do not fairly and reasonably represent his or her wage-earning capacity, or if the employee has no actual earnings, OWCP uses the factors stated in 5 U.S.C. 8115 to select a position which represents his or her wage-earning capacity, which include the nature of the injury, the degree of physical impairment, the usual employment, the age of the employee, the employee's qualifications for other employment and the availability of suitable employment. However, OWCP will not secure employment for the employee in the position selected for establishing a wage-earning capacity.
(b) Compensation for partial disability is payable as a percentage of the difference between the employee's pay rate for compensation purposes and the employee's wage-earning capacity. The percentage is 66
2/3 percent of this difference if the employee has no dependents, or 75 percent of this difference if the employee has at least one dependent.
(c) The formula which OWCP uses to compute the compensation payable for partial disability employs the following terms: Pay rate for compensation purposes, which is defined in § 10.5(s) of this part; current pay rate, which means the salary or wages for the job held at the time of injury at the time of the determination; and earnings, which means the employee's actual earnings, or the salary or pay rate of the position selected by OWCP as representing the employee's wage-earning capacity.
(d) The employee's wage-earning capacity in terms of percentage is computed by dividing the employee's earnings by the current pay rate. The comparison of earnings and “current” pay rate for the job held at the time of injury need not be made as of the beginning of partial disability. OWCP may use any convenient date for making the comparison as long as both wage rates are in effect on the date used for comparison.
(e) The employee's wage-earning capacity in terms of dollars is computed by first multiplying the pay rate for compensation purposes by the percentage of wage-earning capacity. The resulting dollar amount is then subtracted from the pay rate for compensation purposes to obtain the employee's loss of wage-earning capacity.

## Nearby sections

- [20 CFR § 10.400 § 10.400 What is total disability?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.400.md)
- [20 CFR § 10.401 § 10.401 When and how is compensation for total disability paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.401.md)
- [20 CFR § 10.402 § 10.402 What is partial disability?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.402.md)
- [20 CFR § 10.403 § 10.403 When and how is compensation for partial disability paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.403.md)
- [20 CFR § 10.404 § 10.404 When and how is compensation for a schedule impairment paid?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.404.md)
- [20 CFR § 10.405 § 10.405 Who is considered a dependent in a claim based on disability or impairment?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.405.md)
- [20 CFR § 10.406 § 10.406 What are the maximum and minimum rates of compensation in disability cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.406.md)
- [20 CFR § 10.410 § 10.410 Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.410.md)
- [20 CFR § 10.411 § 10.411 What are the maximum and minimum rates of compensation in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.411.md)
- [20 CFR § 10.412 § 10.412 Will OWCP pay the costs of burial and transportation of the remains?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.412.md)
- [20 CFR § 10.413 § 10.413 May a schedule award be paid after an employee's death?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.413.md)
- [20 CFR § 10.414 § 10.414 What reports of dependents are needed in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.414.md)
- [20 CFR § 10.415 § 10.415 What must a beneficiary do if the number of beneficiaries decreases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.415.md)
- [20 CFR § 10.416 § 10.416 How does a change in the number of beneficiaries affect the amount of compensation paid to the other beneficiaries?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.416.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-10.403. Check the current official text before relying on it. Not legal advice.