U.S. Department of Labor 

October 1, 1981 

Employment Standards Administration 

Office of Workers' Compensation Programs 

Division of Longshore and 

Harbor Workers' Compensation 

Washington, 0,C, 20210 

No. 50 

NOTICE TO INSURANCE CARRIERS, SELF-INSURED EMPLOYERS 

UNDER THE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION 

ACT, AND OTHER INTERESTED PERSONS 

Subject: Maximum and Minimum Compensation Rates Under 

Longshore Act, Effective October 1, 1981; 

Adjustments of Permanent Total Disability 

and Dea th Cases 

Section 6(b) (3) of the Longshoremen's 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 to be applicable for the period beginning 

October 1, 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 1, 1981, and ending September 30, 1982, is $248.35. 

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

1981 through September 30, 1982, 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 $496. 70 (200 percent of $248.35), 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 $124,18 per week, 50 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 wage 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 $248,35 per week, but 

total weekly benefits may not exceed the.average weekly wage 

of the deceased. 
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The foregoing maximum and minimum rates do not apply to 

employees covered by the Nonappropriated Fund Instrumentatilities Act. The maximum and minimum rates for those 

employees change under a separate schedule, whenever Federal 

employees' pay rates change. 

In accordance with subsections l0(f) and l0(h) (3) of the Act, 

effective October 1, 1981, the compensation or death benefits 

payable for cases of permanent total disability or related 

death respectively, which occurred prior to October 1, 1981, 

are to be increased by 8.87 percent, the percentage by which 

the national average weekly wage of $248.35 (effective 

October l, 1981) exceeds the previous national average weekly 

wage of $228.12 (effective October 1, 1980 through September 30, 

1981). The weekly compensation after adjustment is fixed at 

the nearest dollar, and no adjustment of less than $1 shall be 

made. In no instance is compensation for death benefits reduced. 

The Office of Workers' Compensation Programs (OWCP) will advise 

beneficiaries receiving payments, insurance carriers and selfinsured 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 Longshoremen's and Harbor 

Workers' Compensation Act and related Acts (District of Columbia 

compensation Act, 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 post-amendment Section l0(f) 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 may be 

contacted (Telephone: 202-523-8721. 

~!.~ 

Associate Director, 

Longshore and Harbor 

Workers' Compensation