U.S. DEPARTMENT OF LABOR 

EMPLOYMENT STANDARDS ADMINISTRATION 

Office of Workmen's Compensacion Programs WashinJ;::IOn, D.C. 20211 

January 31, 1973 Important No. 9 

TO: INSURANCE CARRIERS AND SELF-INSURED EMPLOYERS UNDER THE 

LONGSHOREMEN'S "AND HARBOR WORKERS' COMPENSATION ACT, AS 

EXTENDED 

SUBJECT: Adjustment of compensation under section lO(h)(l) of 

Longshore Compensation Act, as amended by P.L. 92-576 

Public Law 92-576 added section lO(h)(l) to the Longshore Compensation 

Act, providing for adjustment of compensation to which employees or 

their survivors are entitled due to permanent total disability or 

death which commenced prior to enactment of the new law. Please 

refer to the Public Law (section 11) for details. There are between 

2150 and 2200 cases affected by this provision under the Longshore 

Compensation Act and related statutes. 

By Notice No. 7, dated January 29, 1973, you were directed to the 

provision in §702.145 (a) of the regulations for implementing the 

Longshore Compensation Act, which states that insurance carriers 

and self-insured employers already making payments to such beneficiaries may be called upon to make such additional payments as the 

amended Act requires, subject to reimbursement at intervals by the 

Department of Labor for additional amounts paid. 

We are transmitting instructions which cover the adjustment of most 

of.the affected cases to the district offices of the Office of 

Workmen Is Compensation rrograms. These offices wi 11 -compute the 

amount of the additional weekly benefit provided for each case and 

notify the disabled employee or person receiving the survivor's 

bene.fit of the amount of increase by releasing Form Ltr. LS-9T 

(copy attached). The offices will also transmit a copy of the 

letter to the respective insurance carrier's office presently paying compensation, and enclose a Form Ltr. LS-lOT (copy attached), 

notifying the insurer to adjust compensation retroactively to 

include November 26, 1972. Continuing periodic payments under the 

awards subsequent to the initial adjusting payment should reflect 

the increased benefit according to the payment period being used. 

After having made the first adjusting payment, insurers are requested 

to: (l) add the amount of increase in weekly compensation, according 

to the district office notification, to the present weekly payment 

and enter the sum in the box on Form Ltr. LS-lOT, entitled "Amount · of Adjusted Weekly Payment"; (2) furnish the other information 

indicated on one copy of the Form Ltr. lOT; and (3) return the 

completed form to the OWCP office address printed on the envelope. 

lm:J11de your address, ZIP code, and file numher on all co"e.sponden,e 
2 

Pending clarification by Department of Labor counsel and other necessary modifying determinations the distribution of death benefits in cases 

where two or more beneficiaries are receiving separate checks will be 

temporarily deferred: l{e hope, however, to clarify the situation very 

soon so that additional instructions can be released and adjustment of 

all cases can be completed. In addition, we have detennined tentatively that total adjusted weekly compensation of any case affected 

by section lO(h)(l), including any increased payment under the section, 

will be limited to $87.87 (66-2/3 percent of $131.80--the applicable national average weekly wage). Compensation orders awarding the 

increase in compensation benefits are not contemplated; however, a 

work sheet will be prepared for each case file showing the method by which the computation.was made, and your district representatives may discuss the computations with the deputy commissioners of the district 

office in case there are questions. 

Your district office making payments should be instructed to notify immediately the district office of OWCP of any change of status of a 

beneficiary receiving benefits increased under section lO(h)(l). 

Claims for reimbursement of the amounts your company pays will be made 

by your head office to the national office of OWCP on forms to be 

provided later. These forms will be printed and distributed by this 

Office and need not be reproduced by the users. Detailed instructions 

for claiming reimbursement for the first six months of payments will 

be distributed at some future time. 

Your cooperation in assisting us to implement those provisions of the 

new law is appreciated. 

~Lt.sr,4 ~ ✓ HERBERT A. DOYLE, JR. 

Acting Director, Office of 

Workmen's Compensation Programs 

Attachments {2) 
• 

• 

U.S. DEPARTMENT OF LABOR 

EMPLOYMENT STANDARDS AnMINlSTltA'rlON 

Office of Workmen's Compensation Programs 

• 

Dear 

OWCP Case Number 

Carrier's Case Number 

Date of Injury or Death ____ _ 

Name of Decedent in 

Death Case 

On October 27, 1972, the President approved Public Law 92-576, wP.ich, 

in amending the Longshoremen's and Harbor Workers• Compensation Act 

and its extensions, provides that compensation to which an employee or 

his survivor is entitled due to total permanent disability or death 

which coJlJ.l!lenced or occurred before enactment of the law shall be 

adjusted, 

This letter is to notify you that a review of your file by this office 

indicates your case, presently being compensated under the Act or its 

extension checked below, is subject to adjustment under the Amendments: 

LoP.gshoremen's and Harbor Workers' Compensation Act 

District of Columbia Workmen's Compensation Act 

Defense Base Act 

Outer Continental Shelf Lands Act 

Nonappropriated Fund Instrumentalities Act 

The amount of increase in your weekly compensation will bel w$ ___ ..,1. 

If after you start receiving adjusted benefits, you have questions 

which the insurance carrier or self-insured employer presently paying 

benefits to you is unable to answer, please contact this office at the 

address printed on the envelope. 

DEPUTY COMMISSIONER 

Form Ltr. LS-9T 

Jan. 1973 
• 

U.S. DEPART!vfENT OF LABOR 

EMI•LOYMENT £rANDARl)S An~HNTSTRATION 

Office of Workmen's Compemai:1on Programs 

OWCP Case No. 

The original of the attached Form Ltr. LS-9T is being mailed to 

the beneficiaxy whose name and address are shown thereon. 

Pursuant to subsection 702.145(a) of the Regulations i::Jplementing 

the Longshoremen 1 s and Harbor Workers' Compensation Act Amendments 

of 1972, published Januaxy 26, 1972, in the Eederal Register, 

this Fo= Ltr. LS-lOT in duplicate is to notify your compa.'\f to 

increase payi;,ent of weekly compensation by the amount shown within the box on attached Form Ltr. LS-9T. You are re~uested to 

pay the indicated increase retroactively to include November 26, 

1972, After you have made the first adjusted pa;yment, please 

.f'urnish information indicated in the boxes below and return one 

copy of this form letter to the district office address printed 

on the envelope. 

Since the increase is to be paid from the special fund and Federal 

appropriations, pu:rsuant to subsection 10(h)(2) of the amended Act, 

your compar,y will be entitled to reimbursement for the additional 

· compensation or death benefit paid as a resuJ.t of this adjustment. 

The national office of the Office of \\'orkmen I s Compensation Programs 

will issue to your head office further instructions and for.ns to 

file for reimbursement • 

DEPUTY COMMISSIONER 

Person to Whom Compensation Being Paid: Amount of 

_Adjusted $ 

Weekly Pa:vment: 

First Ad.iusti"'" Pavment 

Date I For ;period 

Paid: From: To: Amount: s 

Authorized Signature: 

Name and Title of Person Whose Signature Appears Above: Date Signed: 

Form Ltr. LS-lOT 

Jan. 1973