ADM 8-5.3 

X COM-L 4 

U.S. Department of Labor Employment Standards Administration 

Office of Workers' Compensation Programs 

Division of Longshore and 

Harbor Workers' Compensation 

Washington, D.C. 20210 

October 1, 1982 

NO. 53 

NOTICE 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, 1982; 

Adjustments of Permanent Total Disability 

and Death Cases 

Section 6(b) (3) of the Longshoremen's and Harbor Workers' 

Compensation Act provides that prior to October l 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 the current 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 1, 1982, and ending September 30, 

1983, is $262.35. 

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

1982 through September 30, 1983, 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 this 

period is $524.70 (200 percent of $262.35). 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 foregoing 

limitation. 

The minimum compensation rate payable for disability incurred 

in the above period is $131.18 per week, 50 percent of the 

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

average weekly wage less than this amount, he or she 

receives the employee's entire average weekly wage as 

compensation for total disability. 
-2-

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 $262.35 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, The maximum and minimum rates for those 

employees change under a separate schedule, whenever Federal 

employees' pay rates change. 

Field or district offices of insurance carriers or selfinsured employers paying benefits under the Longshoremen's 

and Harbor Workers' Compensation Act and related Acts (District 

of Columbia Compensation Act, Defense Base Act, Outer Continental 

Shelf Lands Act and Nonappropriated Fund Instrumentalities 

Act) will soon receive specific instructions from OWCP 

District Offices for making the adjustments on post-amendment 

Section l0(f) 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 

·'"77:f;•~'eleph=e, 202-523-8721) =Y be oonCacted. 

~A. MO TOE 

Associate Director, 

Longshore and Harbor 

workers' Compensation