U.S. DEPARTMENT OF LABOR 

EM:Pi:.on.BNT STANDARDS AnMINISTltA'!'ION 

Office of Workers' Compensation Progr:ams ~'ashiniton. D.C. 20211 

Septernl:ler 22, 1976 No. 28 

NOTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS 

UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION 

ACT, AND OTHER INTERESTED PERSONS 

Subject: Maximum and Minimum C.ompensation Rates Under 

Longshore Act Effective October 1, 1976; 

Adjustments of Permanent Total Disability and 

Death Cases 

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

Compensation Act provides tha.t 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 to be 

applicable for the period beginning October 1 of that 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, 1976, and ending September 30, 

1977, is $171.27. · 

Section 6(b) (1) {D) provides that for the period October 1, 1976 

through September 30, 1977 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 for injuries sustained during this period is $342.54 

(200 percent of $171.27). 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 $85,64 per week, fifty percent of the 

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

weekly wage is less than this amount, he or she receives the 

employee's entire ·average weekly wag.e as compensation for total 

disability. . . 

In computing death benefits covered by this applicable period, 

the average weekly wage of the deceased employee shall be considered to have been not less than $171.27 per week, but total 

weekly benefits may not exceed the average weekly wage of the. 

deceased. 

The foregoing maximum and minimum rates do not apply to employees 

covered by the Nonappropriated Fund Instrumentalities Act. 

Includ, J01lr .uldrtu, ZIP c,J,, l1J1J fil• n11mlm on all comsp@dmc, 

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The maximum and minimum rates: for those employees change 

under a s.eparate schedule, whenever Federal employees:' pay 

rates change. 

In accordance with subsections 10 {fl and 10 (hJ (31 of the Act, 

effective October 1, 1976 ithe compensation or dea.th benefits · · payable for cases of permaneiit .. totaf·disal5ility· or death . --- which occurred. pric;:ir.tO October-1";1976 are to Ee Tri-- . . .. 

creased by. 7; 59 percent, .. the percentage by which th.el'." national 

average weekly wage of $171.27 (effective October 1, 19761 

exceeds the previous national average weekly wage of· $159.19 

(effective October 1, 1975 through Sep.tember 30, 19761. The 

weekly compensation after adjustment is fixed at the neareS:t 

dollar, and no adjustment of less than $1 shall be made. In 

no event is compensation for death benefits reduced. District 

Offices of the Office of Workers' Compensation Programs will advise 

beneficiaries receiving payments, and insurance carriers and 

self-insured employers of the amount of adjustment due in · each case. 

Field or district offices of insurance carriers or self-insured 

employers paying benefits under the Longshorenien's and Harbor 

Workers' Compensation Act and related Acts (the District of 

Columbia Compensation Act,· the Defense Base Act, :the Outer 

Continenta~ Shelf Lands Act and the Nonappropriated Fund Instrumentalities Act} will soon receive specific instructions. · from the Office of Workers' Compensation Programs' (OWCPl 

District Offices for making the adjustments under section l0(fl 

in individual cases, and should begin paying at the riew benefit 

levels as soon as possible. · · 

If the section l0(f} increase is to be reimbursed to an insurance carrier or self-insured employer under procedures which 

have been established by the OWCP National Office, it will be 

indicated on the form Ltr. LS-521 (Rev. l for that case with · the "Yes" block being marked on the front of the letter. If the 

"No" block is marked, the Section l0(f) adjustment is not 

subject to reimbursement by OWCP. In case of quesiti.ons about 

implementing these mandatory adjustments, any district office or 

the OWCP National Office may be contacted. (Phone: Area Code 

202 - 523-8721) 

(}1. l. t~ 

~- STOCKER 

Associate Director for 

Longshore and Harbor 

Workers' Compensation