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 7, 2005 

Notice No. 120 

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, 2005; 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, 2005, and ending September 30, 2006, is 

$536.82. 

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 $1,073.64 (200 percent of $536.82). 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 $1,073.64. 

The minimum compensation rate payable for disability incurred after 

October 1, 2005, is $268.41 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 $536.82 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 $1,073.64 per week, and is applicable to 

cases in which the death occurs during the period October 1, 2005, 

through September 30, 2006, except for District of Columbia 
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 

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). The minimum rate does not apply to 

employees covered by the Defense Base Act. 

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, 2005, 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, 2005, 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 2.53 

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

increased by 2.53 percent effective October 1, 2005. 

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 adjust- ments, 

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.