U.S. Department of Labor Employment Standards Administration 

 Office of Workers’ Compensation Programs

 Division of Longshore and 

 Harbor Workers’ Compensation 

 Washington, D.C. 20210

 

Working for America’s Workforce 

September 18, 2001 

Notice No. 99 

NOTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS UNDER THE 

LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, AND OTHER INTERESTED 

PERSONS 

SUBJECT: Maximum and Minimum Compensation Rates Under the Longshore 

Act, Effective October 1, 2001; Adjustments of Permanent Total 

Disability and Death Cases 

Section 6(b)(3) of the Longshore and Harbor Workers' Compensation 

Act provides that prior to October 1 of each year, based on the 

national average weekly wage for the three calendar quarters ending 

June 30 of that year, the Secretary of Labor shall determine the 

national average weekly wage (NAWW) to be applicable for the 12-

month period beginning October 1. It has been determined that the 

applicable NAWW for the period beginning October 1, 2001, and ending 

September 30, 2002, is $483.04. 

Minimum and Maximum Rates

Section 6(b)(1) provides that the maximum rate of compensation under 

this Act shall not exceed 200 percent of the national average weekly 

wage. Therefore, the maximum compensation rate for total disability 

and death is $966.08 (200 percent of $483.04). Compensation for 

disability subject to this maximum should be paid at 66 2/3 percent 

of the employee's average weekly wage, as determined under Section 

10, subject to the limitation of $966.08. 

The minimum compensation rate payable for disability incurred after 

October 1, 2001 is $241.52 per week, which is 50 percent of the 

NAWW. However, if an employee's average weekly wage is less than 

this amount, he or she receives his or her entire average weekly 

wage as compensation for total disability. 

In computing death benefits covered by this period, the average 

weekly wage of the deceased employee shall not be less than $483.04 

per week. In addition, under the provisions of the 1984 Amendments, 

the total weekly death benefits shall not exceed the lesser of (1) 

average weekly wages of the deceased or (2) 200 percent of the NAWW. 

The 200 percent maximum benefit is $966.08 per week, and is 

applicable to cases in which the death occurs during the period 

October 1, 2001 through September 30, 2002, except for District of 
U.S. Department of Labor Employment Standards Administration 

 Office of Workers’ Compensation Programs

 Division of Longshore and 

 Harbor Workers’ Compensation 

 Washington, D.C. 20210

 

Working for America’s Workforce 

Columbia Compensation Act (DCCA)1 cases which are not subject to the 

1984 amendments. 

The above noted maximum and minimum rates for disability and death 

also apply to employees covered by the Nonappropriated Fund 

Instrumentalities Act (NFIA). 

Annual Adjustments

Under Section 10(f) and 10(h) of the amended Act, compensation or 

death benefits payable for permanent total disability or death cases 

which were incurred prior to October 1, 2001, are to be increased by 

the lesser of (1) a percentage equal to the percentage by which the 

applicable national average weekly wage for the period beginning 

October 1, 2001, exceeds the applicable national average weekly wage 

for the preceding period, or (2) 5 percent. (DCCA cases are always 

subject to the percentage increase in the NAWW without regard to the 

5 percent limitation.) The percentage increase in the NAWW is 3.45 

percent. As this figure is less than 5 percent, compensation is to 

be increased by 3.45 percent effective October 1, 2001. 

Field or district offices of insurance carriers or self-insured 

employers paying benefits under the Longshore and Harbor Workers' 

Compensation Act and related Acts (DCCA, Defense Base Act, Outer 

Continental Shelf Lands Act, and Nonappropriated Fund Instrumentalities Act) will soon receive specific instructions from OWCP 

district offices and/or from the District of Columbia Government for 

making the adjustments on Section 10(f) and 10(h) cases, and should 

begin paying at the new benefit levels as soon as possible. 

In case of questions about implementing these mandatory adjustments, 

any district office or the OWCP National Office, Longshore Division 

(Telephone: (202) 693-0038) may be contacted. For DCCA cases, 

contact the D.C. Government, Department of Employment Services 

(Telephone: (202) 671-1000). 

MICHAEL NISS 

Director, Division of 

Longshore and Harbor 

Workers' Compensation 

 

 1 District of Columbia Compensation Act of 1928 which is 

 applicable only to injuries which occurred prior to 

 July 26, 1982.