AilM 8-5.3 

U.S. Department of Labor 

October 1, 1985 

Employment Stanaards Administration 

0/lice of Workers' Compensation Programs 

Division of Longshore and 

Harbor Workers' Compensation 

Washington, D,C, 20210 

No. 60 

X COM-L 4 

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 

Longshore Act, Effective October 1, 198,5; 

Ajustrnerits 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 L'abor 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, 1985 and ending September 30, 1986 is $297.62. 

Section 6(b) (1) provides that for the period October 1, 1985 

through September 30, 1986 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 and death is $595.24 (200 percent of $297.62). 

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 $148.81 per week, 50 percent of the 

national average weekly wage. However, if an employee's 
- 2 -

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 not be 

less than $297.62 per week, which is the national average 

weekly wage for the covered period. In addition, under the 

provisions of the 1984 Amendments, the total weekly death 

benefits shall not exceed the lesser of the average weekly 

wages of the deceased or 200% of the national average weekly 

wage. During the period October 1, 1985 to September 30, 

1986 the 200% maximum benefit amount is $595.24 per week, and 

is applicable to cases in which the death occurs during that 

period. 

The above noted maximum and minimum rates for disability and 

death also apply to employees covered by the Nonappropriated 

Fund Instrumentalities (NFil Act. 

Field or distl;'ict offices of ;insurance carriers or self--

insured employers paying benefits under the Longshore and 

Harbor Workers' Compensation Act and related Acts (District 

of Columbia Compensation Act of 1928 1/, Defense Base Act, 

Outer Continental Shelf Lands Act and-Nonaopropriated Fund 

Instrumentalities Act) will soon receive specific instructions from OWCP district offices for making the adjustments 

on Section l0(fl cases, and should begin ?aying 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 

(Telephone: 202-523-8721) may be contacted. 

- /fa I ft . 7Jt;;J;;z~ 

~•. MONTONE 

Associate Director, 

Longshore and Harbor 

Workers' Compensation 

1/ Applicable only to injuries which occurred prior to 

July 26, 1982.