TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER VI - EMPLOYMENT STANDARDS ADMINISTRATION, DEPARTMENT OF LABOR

SUBCHAPTER A - LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT AND RELATED STATUTES

PART 702 - ADMINISTRATION AND PROCEDURE

subpart f - OCCUPATIONAL DISEASE WHICH DOES NOT IMMEDIATELY RESULT IN DEATH OR DISABILITY

702.603 - Determining the payrate for compensating occupational disease claims which become manifest after retirement.

  (a) If the time of injury occurs within the first year after the employee has retired, the payrate for compensation purposes shall be one fifty-second part of the employee's average annual earnings during the fifty-two week period preceding retirement.

  (b) If the time of injury occurs more than one year after the employee has retired the payrate for compensation purposes shall be the national average weekly wage, determined according to section 6(b)(3) of the Act, 33 U.S.C. 906(b)(3), at the time of injury.