1240-AA06 201210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1240 Office of Workers' Compensation Programs OWCP 1200 Department of Labor DOL Longshore and Harbor Workers' Compensation Act: Maximum Compensation Rate Determinations Under the Longshore and Harbor Workers' Compensation Act and its extensions, disabled workers are paid compensation based on their average weekly wage at the time of their disabling injury. Section 6 of the Act, 33 U.S.C. 906 caps this compensation at a maximum of twice the "applicable" fiscal year's national average weekly wage. The Secretary of Labor determines the national average wage for each fiscal year, and that determination applies to employees or survivors "currently receiving" permanent disability compensation or death benefits as well as those "newly awarded" compensation. Litigation over which year's national average wage applies in various situations led to a recent Supreme Court decision construing the "newly awarded" phrase. The proposed rule will implement the Supreme Court's decision and clarify how the maximum compensation rate provision applies, including the "currently receiving" phrase and other portions the Court did not address. Substantive, Nonsignificant First Time Published in The Unified Agenda Proposed Rule Stage No No 20 CFR 702 33 USC 939 No NPRM 10/00/2013 Undetermined None No No No Miranda Chiu 1240 Office of Workers' Compensation Programs OWCP 202 693-0038 202 693-1380 chiu.miranda@dol.gov 200 Constitution Avenue, NW, Room C-4315, Washington DC 20210