20 C.F.R. § 702.701

What is an annual section 10(f) adjustment and how is it calculated?

Last amended: 2018Year: 2026Length: 173 wordsSubsections: 6Official source

Cite as 20 C.F.R. § 702.701 (2026)

(a) Claimants receiving compensation for permanent total disability or death benefits are entitled to section 10(f) adjustments each fiscal year. A section 10(f) adjustment cannot decrease the compensation or death benefits payable to any claimant. (b) The section 10(f) adjustment for a given fiscal year is the lower of: (1) The percentage by which the new fiscal year's national average weekly wage exceeds the prior fiscal year's national average weekly wage as determined by the Department ( see § 702.804(b)); or (2) 5 percent. (c) Section 10(f) percentage increases are applied each October 1 to the amount of compensation or death benefits payable in the prior fiscal year. (d) In applying section 10(f) adjustments— (1) Calculations are rounded to the nearest dollar; and (2) No adjustment is made if the calculated amount is less than one dollar. (e) A section 10(f) adjustment must not increase a claimant's weekly compensation or death benefits beyond the applicable fiscal year's maximum rate. (f) Section 10(f) adjustments do not apply to compensation for temporary or partial disability.
Cross-references to the CFR
702.804
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