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DOL/OWCP | RIN: 1240-AA06 | Publication ID: Fall 2017 |
Title: Longshore and Harbor Workers' Compensation Act: Maximum and Minimum Compensation Rates | |
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 "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 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). |
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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 |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 20 CFR 702 | |
Legal Authority: 33 U.S.C. 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: Douglas Fitzgerald Director, Division of Longshore and Harbor Workers' Compensation Department of Labor 200 Constitution Avenue NW., FP Building, Room C-4319, Washington, DC 20210 Phone:202 354-9620 Fax:202 693-1380 Email: fitzgerald.douglas@dol.gov |