U.S. Department of Labor 

October 1, 1984 

Employment Standards Administration 

Olf,ce of Workers' Compensa1ion Programs 

Division of Longshore and 

Harbor Workers' Compensation 

Washington, D.C. 2021 o 

No. 57 

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 

Longshore Act, Effective October 1, 1984; 

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 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 to be applicable for the period beginning 

October l, of the current 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 

l, 1984, and ending September 30, 1985, is $289.83. 

Section 6(b) (1) provides that for the period October l, 1984 

through September 30, 1985, 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 $579.66 (200 percent of $289.83). 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 $144.92 per week, 50 percent of the 

national average weekly wage. However, if an employee's 
-2-

average weekly wage is less than this amount, he or she 

receives the employee's entire average weekly wage as 

compensation for total disability. 

In computing death benefits covered by this applicable 

period, the average weekly wage of the deceased employee 

shall not be less than $289.83 per week, which is the national 

average weekly wage for the covered period. 

In addition, it should be noted that there have been some 

changes from previous years in the determination of death 

benefits pursuant to the Longshore and Harbor Workers' 

Compensation Act Amendments of 1984, which were enacted on 

September 28, 1984. Previously there was no maximum death 

benefit rate under the Act, except that benefits could not 

exceed the average weekly wage of the deceased. Under the 

provisions of the 1984 Amendments, the total weekly death 

benefits shall not exceed the lesser of the average weekly 

wages of the deceased or 200% of the national average weekly 

wage. During the period October l, 1984 to September 30, 

1985 the 200% maximum benefit amount is $579.66 per week. 

This change is applicable to cases in which the death occurs 

during that period. However, please note that since this 

amendment took effect on the day after enactment of the 1984 

Amendments, i.e. September 29, 1984, the 200% maximum benefit 

applicable to deaths which occurred on September 29 and 30, 

1984, is $548.34, which is 200% of the national average 

weekly wage in effect at that time. 

Another change brought about by the 1984 Amendments makes 

the above noted maximum and minimum rates for disability and 

death applicable to employees covered by the Nonappropriated Fund Instrumentalities (NFI) Act. Previously the 

maximum and minimum rates for these employees changed under 

a separate schedule, whenever Federal employees' pay rates 

changed. Under the 1984 Amendments the following rates are 

applicable to NFI employees who are injured, disabled or die 

after September 28, 1984: 
LHWCA Notice No. 57 

Type of 

Benefit 

Disability 

compensation 

Disability 

compensation 

Compensation 

for death 

compensation 

for death 

-3-

Applicable During 

9/29 and 30, 1984 

10/1/84 to 

9/30/85 

9/29 and 30, 1984 

10/1/84 to 

9/30/85 

Weekly 

Benefit Amount 

Min=$13 7. 09 1/ 

Max=$548. 34 -

Min=$144. 92 1/ 

M.ax=$579. 66-

Benefit shall 

not exceed 

lesser 

of employee's 

average weekly 

wage or $548.34/ 

week 

Benefit shall 

not exceed 

lesser of 

employee's 

average weekly 

wage or $579.66/ 

week. 

In all cases under the LHWCA and its extensions in which 

an employee's death occured on or after September 29, 1984, 

the maximum reasonable funeral expense payable under 

Section 9(a) was increased from $1,000 to $3,000. 

Field or district offices of insurance carriers or selfinsured employers paying benefits under the Longshore 

and Harbor Workers' Compensation Act and related Acts 

(District of Columbia Compensation Act of 19282/, Defense 

Base Act, Outer Continental Shelf Lands Act and Nonappropriated 

Fund Instrumentalities Act) will soon receive specific instructions 

from OWCP District Offices for making the adjustments on 

Section l0(f) cases, and should begin paying at the new benefit 

levels as soon as posible. 

1/If employee's average weekly wage is less than this 

- amount; he/she receives entire average weekly wage as 

compensation for total disability. 

2,Al.pplicable only to injuries which occurred prior to 

- July 26, 1982. 
-4-

In case of questions about implementing these mandatory 

adjustments, any district office or the OWCP National Office 

(telephone: 202-523-8721) may be contacted . 

. ALtft ?JJhJ,j;,L~ - ;<Ji-L A. f.6Ni:ONE 

Associate Director, 

Longshore and Harbor 

Workers' Compensation