On April 19, 2018 the US Department of Labor published the Final rule addressing the determination of minimum and maximum compensation under the Longshore Act. See https://www.gpo.gov/fdsys/pkg/FR-2018-04-19/pdf/2018-08133.pdf

The rule finalizes the Department’s interpretation after receiving comments, including comments from UWC. The USDOL has chosen not to change its interpretation from 2016 in deference to case law. However, in recognition of the impact of retroactive application of the rule, the effective date of the interpretation will be prospective beginning May 21, 2018. (See reference below)

  • 702.802 Applicability of this subpart.

(a) This subpart applies to all compensation and death benefits paid under the Act as a result of injuries or deaths occurring on or after May 21, 2018 with the following exceptions:

(1) Amounts payable under an approved settlement (see 33 U.S.C.908(i));

(2) Amounts paid for an employee’s death to the Special Fund (see 33 U.S.C.944(c)(1));

(3) Any payments for medical expenses (see 33 U.S.C. 907); and

(4) Any other lump sum payment of compensation or death benefits, including aggregate death benefits paid when a survivor remarries (see 33 U.S.C.909(b)) or aggregate compensation paid

under a commutation (see 33 U.S.C.909(g)).

(b) The rules in this subpart governing minimum disability compensation and death benefits do not apply to claims arising under the Defense Base Act, 42 U.S.C. 1651 (see 42 U.S.C. 1652(a); 20 CFR 704.103).