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DOL/OWCP

RIN: 1240-AA06

Publication ID: 2012

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: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 702
Legal Authority: 33 USC 939

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	10/00/2013

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: Miranda Chiu Director, Div. Longshore and Harbor Workers' Compensation Department of Labor Office of Workers' Compensation Programs 200 Constitution Avenue, NW, Room C-4315, Washington, DC 20210 Phone:202 693-0038 Fax:202 693-1380 Email: chiu.miranda@dol.gov