Use Of 200 Multiple For Part-Time/Intermittent Workers Often Results In Windfall To Claimants

One of the most contentious parts of a claim can be setting the average weekly wage (AWW), as it determines a claimant’s benefit rate for the life of the claim, including entitlement to reduced earnings. Certainly, at times, the method chosen by the Board for setting an AWW can arguably result in an “artificial inflation” of a claimant’s wages. This is particularly true with part-time or sporadic employees, who oftentimes work far less than what one would normally consider to be “part-time” employment.

The method …

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The Department of Labor Announces Increased National Average Weekly Wage Now in Effect

The time has come for the annual adjustment in Longshore and Harbor Workers’ Compensation Act (LHWCA) rates. The Department of Labor, which administers the Longshore Act, has announced the new National Average Weekly Wage (NAWW) of $735.89; an increase of 2.46 percent over the previous NAWW. This NAWW will be in effect from October 1, 2017 through September 30, 2018, and will affect ongoing permanent total disability benefits and death benefits.

The increase in the NAWW will also lead to a slight increase in the …

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