U.S.DepartmentofLabor 

September 16, 1996 

· Employment Standards Administration 

Office of Worl<ers' Compensation Programs 

Division of Longshore and 

Hdrbor Workers' Compensation 

Washington, O.C. 20210 

Notice No. 82 

NOTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS 'CINDER THE 

LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, AND OTHER 

INTERESTED PERSONS 

SUBJECT: Maximum and Minimum Compensat·ion Rates Under the 

Longshore Act, Effective October l, 1996; Adjustments 

of Permanent Total Disability and Death Cases 

Section 6(b) (3) of the Longshore and Barbor Workers' Compensation 

Act provides that prior to October l 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 l. It has been determined that 

the applicable NAWW for the period beginning October 1, 1996, and 

ending September 30, 1997, is $400.53. 

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 compensation rate for total disability 

and death is $801.06 (200 percent of $400.53). 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 $801.06. 

The minimum compensation rate payable for disability incurred after 

October l, 1996 is :$200.27 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 $400.53 

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 $801.06 

per week, and is applicable to cases in which the death occurs 

during the period October l, 1996 through September 30, 1997, 

Working for America's Workforce 
except for District of Columbia 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). 

Annual Adjustments 

Under Section l0(f) and l0(h) of the amended Act, compensation or 

death benefits payable for permanent total disability or death 

cases which were incurred prior to October l, 1996, 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 l, 1996, 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 2.38 percent. As this figure is less than 

5 percent, compensation is .to be increased by 2. 38 percent 

effective October l, 1996. 

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 Co.lumbia Government 

for making the adjustments on Section l0(f) and l0(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) 219-8721) may be contacted. For DCCA 

cases, contact the D.c. Government, Department of Employment 

Serv· es (Telephone: (202) 576-6265) • 

• 

Division of 

Longshore and Harbor 

Workers' Compensation 

l District of Columbia Compensation Act of 1928 which is 

applicable only to injuries which occurred prior to 

July 26, 1982.