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DOL/OWCP | RIN: 1240-AA06 | Publication ID: Fall 2014 |
Title: Longshore and Harbor Workers' Compensation Act: Maximum Compensation Rate Determinations | |
Abstract: 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. | |
Agency: Department of Labor(DOL) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 20 CFR 702 | |
Legal Authority: 33 USC 939 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Antonio Rios Director, Division of Federal Employees', Longshore and Harbor Workers' Compensation Department of Labor Office of Workers' Compensation Programs 200 Constitution Avenue NW, Room S-3229, Washington, DC 20210 Phone:202 693-0040 Fax:202 693-1380 Email: rios.antonio@dol.gov |