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DOL/OWCP RIN: 1240-AA06 Publication ID: Fall 2016 
Title: Longshore and Harbor Workers' Compensation Act: Maximum and Minimum Compensation Rates 

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 "newly awarded" any type of compensation as well as to those  "currently receiving" permanent disability compensation or death benefits. Litigation over which year's national average wage applies in various situations led to a 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 provisions apply, including the "currently receiving" phrase and other portions the Court did not address. The rule will also implement the Act's related minimum compensation provisions and annual compensation-adjustment mechanism in Section 10(f), 33 U.S.C. 910(f).

Agency: Department of Labor(DOL)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 702   
Legal Authority: 33 U.S.C. 939   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/26/2016  81 FR 58878   
NPRM Comment Period End  10/25/2016 
Final Rule  09/00/2017 
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', Division 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