earning capacity

earning capacity
Term refers to capability of worker to sell his labor or services in any market reasonably accessible to him, taking into consideration his general physical functional impairment resulting from his accident, any previous disability, his occupation, age at time of injury, nature of injury and his wages prior to and after the injury. Sims v. Industrial Commission, 10 Ariz.App. 574, 460 P.2d 1003, 1006.
Term does not necessarily mean the actual earnings that one who suffers an injury was making at the time the injuries were sustained, but refers to that which, by virtue of the training, the experience, and the business acumen possessed, an individual is capable of earning.
"Earning capacity" of husband or wife for purpose of determining amount of support which he or she may be required to pay spouse is not that amount which an individual could theoretically earn but is amount which individual could realistically earn under circumstances, including health, age, mental and physical condition and training. Com. ex rel. Malizia v. Malizia, 229 Pa.Super. 108, 324 A.2d 386, 388.
Fitness, readiness and willingness to work, considered in connection with opportunity to work

Black's law dictionary. . 1990.

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  • earning capacity — n. The amount of money that a worker is capable of earning on the open market. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • earning capacity — The power of a person or a business enterprise to earn money or show a profit; to earn money or show a profit in a particular sum. The power to create property from earnings. Local Loan Co. v Hunt, 292 US 234, 78 L Ed 1230, 54 S Ct 695. An… …   Ballentine's law dictionary

  • earning capacity — Term refers to capability of worker to sell his labor or services in any market reasonably accessible to him, taking into consideration his general physical functional impairment resulting from his accident, any previous disability, his… …   Black's law dictionary

  • earning capacity — / ɜ:nɪŋ kəˌpæsɪti/ noun the amount of money someone should be able to earn …   Dictionary of banking and finance

  • loss of earning capacity — n. Damage to a person’s ability to earn money in the future. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • loss of earning capacity — An element of future damages resulting from a personal injury where the effect of the injury extends beyond the time of trial of the action for the injury in a decrease in earning capacity. 22 Am J2d Damg § 89 …   Ballentine's law dictionary

  • capacity — n. ability to hold 1) to capacity (filled to capacity) 2) lung; seating; storage capacity 3) a capacity of (a capacity of twenty gallons) ability 4) intellectual, mental capacity 5) one s earning capacity 6) a capacity for (a capacity for making… …   Combinatory dictionary

  • capacity — noun 1 amount held/produced ADJECTIVE ▪ high, large ▪ a high capacity electric pump ▪ large capacity disk drives ▪ limited, small …   Collocations dictionary

  • capacity — ca|pac|i|ty [ kə pæsəti ] noun count or uncount *** 1. ) the amount of something that can be put in a container or the number of people that a place has room for: capacity of: The fuel tanks have a capacity of 25,000 gallons. a concert hall with… …   Usage of the words and phrases in modern English

  • capacity */*/*/ — UK [kəˈpæsətɪ] / US noun [countable/uncountable] Word forms capacity : singular capacity plural capacities 1) a) the amount of something that can be put in a container, or the number of people that a place has room for There are plans to increase …   English dictionary

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