C.  If an employee is employed at any  job  and the average
  weekly wage of the employee is equal to or more than the
  average weekly wage the employee received before the date of
  injury, the employee is not entitled to any wage loss benefits
  under this Act for the duration of the employment.

    D.  If the employee, after having been employed at any  job 
  pursuant to this subsection for 100 weeks or more, loses that
  job through no fault of the employee, the employee is entitled
  to receive  compensation  under this Act pursuant to the
  following.


      (1)  If, after exhaustion of unemployment benefit
    eligibility of an employee, the employment since the time of
    injury has not established a new wage earning capacity, the
    employee is entitled to receive  compensation  based upon the
    employee's wage at the original date of injury.



      (2)  If the employee has established a new wage earning
    capacity, the employee is entitled to wage loss benefits
    based on the difference between the normal and customary
    wages paid to those persons performing the same or similar
    employment, as determined at the time of the termination of
    the employment of the employee, and the wages paid at the
    time of the injury. There is a presumption of wage earning
    capacity established for any employments totalling 250 weeks
    or more.



      (3)  If the employee becomes reemployed at any employment,
    the employee is then entitled to receive partial disability
    benefits as provided in paragraph B.



    E.  If the employee, after having been employed at any  job 
  following the injury for less than 100 weeks, loses the job
  through no fault of the employee, the employee is entitled to
  receive  compensation  based upon the employee's wage at the
  original date of injury.



    5.  Reasonable employment defined. "Reasonable employment,"
  as used in this section, means any work that is within the
  employee's capacity to perform that poses no clear and
  proximate threat to the employee's health and safety and that
  is within a reasonable distance from that employee's residence.
  The employee's capacity to perform may not be limited to jobs
  in work suitable to the employee's qualification and training.



39-A M.R.S.A. § 214 (Supp. 1995).




Although the Act has been subject to repeated and frequent revision since first enacted in 1915, the provisions of the Act awarding partial incapacity benefits, including the present section 213, have consistently provided that employees must be compensated for their "incapacity to earn" and that partial benefits must be calculated with regard to what the employee is "able to earn" after the injury. Tripp v. Philips Elmet Corp., 676 A.2d 927, 928-29 (Me. 1996); see e.g., P.L. 1915, ch. 295, § 15. Since 1922, we have construed the Act to permit a partially incapacitated employee to receive total benefits when as a result of the work-related injury the employee is unable to obtain post-injury employment within his or her work-restrictions. Tripp, 676 A.2d at 928-29; Ray's Case, 122 Me. 108, 110-11, 119 A. 191, 191-92 (1922). As we recently stated, " he so-called "work search" rule was a judicially created doctrine designed to allocate the burdens o

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