Articles by Alan Brackett

New LHWCA Compensation Rates Announced

The Bureau of Labor Statistics has determined the national average weekly wage to be $718.24, a 2.17% increase over the current NAWW of $703.00. Therefore, effective October 1, 2016, the new minimum compensation rate under the LHWCA will be $359.12, up from the current $351.50, and the maximum compensation rate will be $1,436.48, up from the current $1,406.00.

Veteran District Director Announces Retirement

Richard V. Robilotti, District Director for the Second Compensation District, announced his retirement from the United States Department of Labor effective October 31, 2016. Mr. Robilotti, who began his career with the Department of Labor on January 15, 1973, has been a unquestioned force in the administration of the LHWCA and the DBA for the past 43 years. It is a well-earned retirement, but both his knowledge and probing voice will be missed by many who work with the Department. We wish him the very best in his retirement.

OWCP Gives Notice of Increased Penalties

Implementing the Federal Civil Penalties Inflation Adjustment Act Improvements Act, signed into law by President Obama on November 2, 2015, OWCP has announced adjustments to certain penalties under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. §901, et seq., that will become effective August 1, 2016. The notice from the Federal Reigster can be found at https://www.federalregister.gov/articles/2016/07/01/2016-15378/department-of-labor-federal-civil-penalties-inflation-adjustment-act-catch-up-adjustments.

The penalties that will be increased are:

Failure to file first report of injury or filing a false statement or misrepresentation in first report:

Former maximum penalty: $11,000
New maximum penalty: $22,587

Failure to report termination of benefits:

Former maximum penalty: $110
New maximum penalty: $275

Discrimination against employees who claim compensation or testify in a longshore proceeding:

Former minimum/maximum penalty: $1,100/$5,500
New minimum/maximum penalty: $2,259/$11,293

Additional information can be found at:
https://www.dol.gov/sites/default/files/2016-inflation-faq.pdf
https://www.dol.gov/sites/default/files/2016-inflation-factsheet.pdf

New District Director for the Sixth Compensation District

Kristina Hall, a longtime Claims Examiner in the Jacksonville office of OWCP, has been named as the new District Director for the Sixth Compensation District, replacing Charles D. Lee, who retired in March, 2015. Ms. Hall has been the acting District Director for the past four months. The Sixth District covers claims arising in Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, and Tennessee.