62-4-55. Suitable, substantial, and gainful employment defined.

Employment is considered suitable, substantial, and gainful if:

(1)    It returns the employee to no less than eighty-five percent of the employee's prior wage earning capacity; or

(2)    It returns the employee to employment which equals or exceeds the average prevailing wage for the given job classification for the job held by the employee at the time of injury as determined by the Department of Labor and Regulation.

Source: SL 1994, ch 396, § 11; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.