U.S. Department of Labor Office of Workers’ Compensation Programs 

Division of Longshore and Harbor Workers' 

Compensation

Washington, D.C. 20210

 

September 11, 2015

Notice No. 154

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, 2015; 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, 2015, and ending September 30, 2016, is 

$703.00. 

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 $1,406.00 (200 percent 

of $703.00). 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 $1,406.00. 

The minimum compensation rate payable for disability incurred after October 1, 

2015, is $351.50 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 $703.00 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 $1,406.00 per week, and is 

applicable to cases in which the death occurs during the period October 1, 2015, 

through September 30, 2016, except for District of Columbia Compensation Act 

(DCCA)icases 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, 2015, 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, 2015, 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 2.10 percent. As this figure is less than 5 

percent, compensation is to be increased by 2.10 percent effective October 1, 2015. 

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 adjustments, any district 

office or the OWCP National Office, Longshore Division (Telephone: (202) 693-0039) 

may be contacted. For DCCA cases, contact the D.C. Government, Department of 

Employment Services (Telephone: (202) 671-1000). 

ANTONIO RIOS

Director, Division of

Longshore and Harbor

Workers' Compensation

 

 

i District of Columbia Compensation Act of 1928 which is

 applicable only to injuries which occurred prior to 

 July 26, 1982.