The 1984 Amendments. The LHWCA Amendments of 1984 specifically addressed certain issues with respect to occupational disease cases. Disability, relative to a disease which becomes manifest after retirement, is defined as permanent impairment. The time of injury for purposes of determining the rate of pay and filing a claim for compensation is now defined as the date on which the employee becomes aware of the relationship between the employment, the disease and the death or disability. The pay rate for a retired employee is deemed to be his or her wage at retirement if the disease becomes manifest within one year of retirement, and the National Average Weekly Wage if the disease becomes manifest more than one year after retirement. A retiree who becomes impaired due to an occupational disease may receive 66 2/3 percent of his or her pay multiplied by the percentage of the impairment. This amount is not subject to an annual adjustment but can be increased to cover a worsening of the condition.
The widow of a deceased employee whose employment related disease became manifest and caused death after retirement may receive 50 percent of the National Average Weekly Wage at the time of death. These benefits cannot exceed the decedent's wage at retirement.
The requirements for filing notice of injury and claim for compensation have been extended to one and two years respectively. These time periods are measured from the newly defined time of injury.