U.S. DEPARTMENT OF LABOR 

EMPLOYMENT STANDAllDS ADMINISTRATION 

Office of Workers' Compensation Programs 

SEP 2 5 1975 No. 22 

~OTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS 

UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION 

ACT, AND OTHER INTERESTED PERSONS 

Subject: Maximum and Minimum Compensation Rates under 

Longshore Act Effective October 1, 19751 

Adjustments of Permanent Total Disability and 

Death Cases 

Section 6(bl (3) of·the Longshoremen's 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 to be 

applicable for the period beginning October 1 of that year and 

ending with September 30 of the next year. It has been determined that the applicable national average weekly wage for the 

period beginning October l, 1975, and ending September 30, 

1976, $159.19. 

Section 6(b) (1) (D) provides that for the period October 1, 1975 

through September 30, 1976 the maximum rate of compensation under 

this Act shall not exceed 200 percent of the national average 

weekly wage. The maximum compensation rate for total disability 

for injuries sustained during th.is period is $318.38 (200 percent of $159.19). Compensation for disability subject to this 

maximum should be paid at 66-2/3 percent of the employee's 

average weekly wage as detennined under section 10, subject to 

the foregoing limitation. 

The minimum compensation rate payable for disability incurred 

in the above period is $79.60 per week, fifty percent of the 

national average weekly wage. However, if an employee's average 

weekly wage is less than this amount, he or she receives the 

employee's entire average weekly wage as compensation for total 

disability. 

In computing death benefits covered by this applicable period, 

the average weekly wage of the deceased employee shall be considered to have been not less than $159.19 per week, but total 

weekly benefits may not exceed the average weekly wage of the 

deceased. 

The foregoing maximum and minimum rates do not apply to employees 

covered by the Nonappropriated Fund Instrumentalities Act. 

Include your address, Zl P code~ and jilt number on a!l ttJN'esponden::e 

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The maximum and minimum rates for those employees change 

under a separate schedule, whenever Federal employees' pay 

rates change. 

In accordance with subsections l0(f) and 10\n) (3} of the Act, 

effective October 1, 1975 compensation or death benefits payable for permanent total disabflity or death arising out of 

injuries sustained prior to October 1, 1975 are to be increased by 6.74 percent, the percentage by which the national 

average weekly wage of $159.19 (effective October 1, 1975) 

exceeds the previous national average weekly wage of $149.14 

(effective October 1, 1974 through September 30, 1975). The 

week.ly compensation after adjustment is fixed at t.he nearest 

dollar, and no adjustment of less than $1 shall be made. In 

no event compensation for death benefits reduced. District 

.:;ff ices of the Office of Workers' Compensation will advise 

beneficiaries receiving pc.yments, and insurance carriers and 

self-insured employers of the amount of adjustment due in 

eac11 case .. 

Field or district offices of insurance carriers or self-insured 

employers paying benefits under the Longshoremen's and Harbor 

Workers' Compensation Act and related Acts (the District of 

Columbia Compensation Act, the Defense Base Act, the Outer 

Continental Shelf Lands Act and the Nonappropriated Fund Instrumentalities Act) will soon receive specific instructions 

from the Office of Workers' Compensation Programs' (OWCP) 

District Offices for making the adjustments under section l0{f) 

in individual cases, and should begin paying at the new benefit 

levels as soon as possible. 

If the section l0{fJ increase is to be reimbursed to an insurance carrier or self-insured employer under procedures which 

have been established by the OWCP Natiomi.l Office, it will be 

indicated on the form Ltr. LS-521 {Rev.} for that case with 

the "Yes" block being marked on the front of the letter. If ·the 

"No" block is marked, the Section l0(f} adjustment is not 

subject to reimbursement by OWCP. In case of questions about 

implementing these mandatory adjustments, any district office or 

the OWCP National Office may be contacted. {Phone: Area 'Code 202 - 523-8721} 

~f.~ 

uOHN E. STOCKER 

Associate Director for 

Longshore and Harbor 

Workers' Compensation