---
kind: "section"
citation: "5 U.S.C. § 8106"
title: "5"
title_heading: "Government Organization and Employees"
number: "8106"
heading: "Partial disability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8106"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 81 — Compensation for Work Injuries"
  - "Subchapter I — Generally"
---

# §8106. Partial disability

- (a) If the disability is partial, the [United States](/usc/5/7103.md?p=a-18) shall [pay](/usc/5/7511.md?p=a-4) the [employee](/usc/5/8101.md?p=1) during the disability monthly monetary [compensation](/usc/5/8101.md?p=12) equal to 66⅔ percent of the difference between his [monthly pay](/usc/5/8101.md?p=4) and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic [compensation](/usc/5/8101.md?p=12) for partial disability.
- (b) The [Secretary](/usc/5/9901.md?p=2) of Labor may require a partially disabled [employee](/usc/5/8101.md?p=1) to report his [earnings](/usc/5/8401.md?p=10) from employment or self-employment, by affidavit or otherwise, in the manner and at the times the [Secretary](/usc/5/9901.md?p=2) specifies. The [employee](/usc/5/8101.md?p=1) shall include in the affidavit or report the value of housing, [board](/usc/5/8401.md?p=5), lodging, and other advantages which are part of his [earnings](/usc/5/8401.md?p=10) in employment or self-employment and which can be estimated in money. An [employee](/usc/5/8101.md?p=1) who—
  - (1) fails to make an affidavit or report when required; or
  - (2) knowingly omits or understates any part of his [earnings](/usc/5/8401.md?p=10);

  forfeits his right to [compensation](/usc/5/8101.md?p=12) with respect to any period for which the affidavit or report was required. [Compensation](/usc/5/8101.md?p=12) forfeited under this subsection, if already paid, shall be recovered by a deduction from the [compensation](/usc/5/8101.md?p=12) payable to the [employee](/usc/5/8101.md?p=1) or otherwise recovered under [section 8129 of this title](/usc/5/8129.md), unless recovery is waived under that section.

- (c) A partially disabled [employee](/usc/5/8101.md?p=1) who—
  - (1) refuses to seek suitable work; or
  - (2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;

  is not entitled to [compensation](/usc/5/8101.md?p=12).


## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 536.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 754. | Sept. 7, 1916, ch. 458, § 4, 39 Stat. 743. |
|  |  | Oct. 14, 1949, ch. 691, § 103(a), 63 Stat. 855. |

In subsection (a), the words “Except as otherwise provided in sections 751–756, 757–781, 783–791, and 793 of this title” are omitted as surplusage.

In subsection (b), the word “remuneration” is omitted as covered by the word “earnings”.

Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.