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U.S. DEPARTMENT OF LABOR 

EMl'LOYMBNT STANDARDS AnMINisTR..ATION 

Office of Workmen's Compensation Programs Washington, D.C. 2021 J 

September 28, 1973 

TO: INSURANCE CARRIERS AND SELF-INSURED EMPLOYERS (j~). UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' ~ 

COMPENSATION ACT, AS AMENDED 

SUBJECT: Maximum and Minimum Compensation Rates Effective 

October 1, 1973; Adjustments of Permanent Total 

Disability and Death Cases 

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

compensation Act, added by P.L. 92-576, which was enacted 

October 27, 1972, states: 

"(3) As soon as practicable after June 30 of 

each year, and in any event prior to October 1 

of such year, the Secretary shall determine the 

National average weekly wage for the three 

consecutive calendar quarters ending June 30. 

Such determination shall be the applicable 

national average weekly wage for the period 

beginning with October 1 of that year and 

ending with September 30 of the next year ••• " 

Section 6(b) (1) (B) of the amended Act states that compensation for disability during the period beginning October 1, 

1973, and ending September 30, 1974, shall not exceed 150 

percent of the national average weekly wage as determined 

by the Secretary under paragraph (3), quoted above. 

The national average weekly wage for the period beginning 

October 1, 1973, for adjustments and computations related 

to this figure, has been determined to be $140.36. The 

maximum compensation rate for total disability for injuries 

sustained during the period from October 1, 1973, to 

September 30, 1974, inclusive, and for benefits payable for 

deaths occurring within this applicable period (Section 9) 

is $210.54 (1.50 times $140.36). 

compensation for disability or death benefits 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. In death cases where 

there is a widow and one or more children, and 66 2/3 percent of 

the employee's wages exceed the maximum allowable, the total 

benefit shall be limited to $210.54, the widow being entitled 

"to three-fourths of that amount and the child or children to 

one-fourth of the benefit. 
2 

The minimum compensation rate payable for disability 

incurred in the above period is $70.18 per week, one-half the 

national average weekly wage, except that if an employee's 

average weekly wage is less than this amount, he shall 

receive his average weekly wage as compensation for total 

disability. 

In computing death benefits covered by this applicable 

period [section 9(e)] the average weekly wage of the 

deceased employee shall be considered to have been not less 

than $140.36 per week, but total weekly benefits shall not 

exceed the average weekly wages of the deceased. 

The foregoing maximum and minimum rates are not applicable 

to employees covered by the Nonappropriated Fund Instrumentalities Act [see section 6(c)]. 

Effective October 1, 1973, compensation or death benefits 

payable for permanent total disability or death arising 

out of injuries sustained after October 27, 1972 (date of 

enactment of P.L. 92-576), and prior to October 1, 1973, 

shall be increased by 6.49 percent. [This increase is 

provided under section l0(f) of the amended Act, and 

represents the percentage by which the national average 

weekly wage under section 6(b) (1) (B) exceeds that under 

6 (b) (1) (A).] The weekly compensation after adjustment shall 

be fixed at the nearest dollar, and no adjustment of less 

than $1 shall be made. In no event shall compensation for 

death benefits be reduced. 

Please bring the above information to the attention of your 

field or district offices responsible for paying benefits 

under the Longshoremen's and Harbor Workers' Compensation Act, 

the District of Columbia Workmen's Compensation Act, the 

Defense Base Act, and the Outer Continental Shelf Lands Act. 

In case of questions about implementing these mandatory 

adjustments, any district office or the national office of 

the Office of Workmen's compensation Programs may be contacted. 

'-,(/4,LJ/ 4 l .. /, ✓ HERBERT A. DOYL?,~,, 

Acting Director, Office of 

Workmen's compensation Programs