State Codes and Statutes

Statutes > New-york > Wkc > Article-3-a > 49-bb

§ 49-bb. Waiting period; date of disablement; payment of compensation.  Notwithstanding  any  other  inconsistent  provisions  of  this chapter,  compensation for occupational loss  of  hearing  shall  become  due  and  payable  at  the  employee's  choice three months after (1) removal from  exposure to harmful  noise  in  employment  (removal  from  exposure  to  harmful  noise  in  employment for the three month waiting period may be  achieved by use of effective ear  protection  devices  provided  at  the  expense  of  the  employer)  or  (2)  separation  from work for the last  employer in whose employment the employee was  at  anytime  during  such  employment  exposed  to  harmful  noise.  The last day of such period of  removal from such exposure or of separation from such work shall be  the  date  of disablement. Such disablement shall be treated as the happening  of an accident within the meaning of this chapter and the procedure  and  practice  provided  in the chapter shall apply to all proceedings as set  forth in this  article  except  where  specifically  otherwise  provided  herein.  A  claim  for  loss  of hearing under this article shall not be  barred by the failure of the employee or the  employee's  dependents  to  file   a  claim  within  the  two  year  period  prescribed  by  section  twenty-eight of this chapter, provided such claim shall be  filed  after  such two year period within ninety days after knowledge that the loss of  hearing is or was due to the nature of the employment. An employee whose  disablement  and  knowledge  of  disablement  occurred  prior to October  first, nineteen hundred eighty shall have six months from such  date  to  file  a  claim.  The  former average wage on which the compensation rate  payable shall be based shall be  determined,  as  provided  in  sections  fourteen  and  fourteen-a  of  this  chapter, by the wages earned by the  employee during the year prior to the employee's last day of work in the  last employment in which the employee was exposed to harmful noise.

State Codes and Statutes

Statutes > New-york > Wkc > Article-3-a > 49-bb

§ 49-bb. Waiting period; date of disablement; payment of compensation.  Notwithstanding  any  other  inconsistent  provisions  of  this chapter,  compensation for occupational loss  of  hearing  shall  become  due  and  payable  at  the  employee's  choice three months after (1) removal from  exposure to harmful  noise  in  employment  (removal  from  exposure  to  harmful  noise  in  employment for the three month waiting period may be  achieved by use of effective ear  protection  devices  provided  at  the  expense  of  the  employer)  or  (2)  separation  from work for the last  employer in whose employment the employee was  at  anytime  during  such  employment  exposed  to  harmful  noise.  The last day of such period of  removal from such exposure or of separation from such work shall be  the  date  of disablement. Such disablement shall be treated as the happening  of an accident within the meaning of this chapter and the procedure  and  practice  provided  in the chapter shall apply to all proceedings as set  forth in this  article  except  where  specifically  otherwise  provided  herein.  A  claim  for  loss  of hearing under this article shall not be  barred by the failure of the employee or the  employee's  dependents  to  file   a  claim  within  the  two  year  period  prescribed  by  section  twenty-eight of this chapter, provided such claim shall be  filed  after  such two year period within ninety days after knowledge that the loss of  hearing is or was due to the nature of the employment. An employee whose  disablement  and  knowledge  of  disablement  occurred  prior to October  first, nineteen hundred eighty shall have six months from such  date  to  file  a  claim.  The  former average wage on which the compensation rate  payable shall be based shall be  determined,  as  provided  in  sections  fourteen  and  fourteen-a  of  this  chapter, by the wages earned by the  employee during the year prior to the employee's last day of work in the  last employment in which the employee was exposed to harmful noise.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Wkc > Article-3-a > 49-bb

§ 49-bb. Waiting period; date of disablement; payment of compensation.  Notwithstanding  any  other  inconsistent  provisions  of  this chapter,  compensation for occupational loss  of  hearing  shall  become  due  and  payable  at  the  employee's  choice three months after (1) removal from  exposure to harmful  noise  in  employment  (removal  from  exposure  to  harmful  noise  in  employment for the three month waiting period may be  achieved by use of effective ear  protection  devices  provided  at  the  expense  of  the  employer)  or  (2)  separation  from work for the last  employer in whose employment the employee was  at  anytime  during  such  employment  exposed  to  harmful  noise.  The last day of such period of  removal from such exposure or of separation from such work shall be  the  date  of disablement. Such disablement shall be treated as the happening  of an accident within the meaning of this chapter and the procedure  and  practice  provided  in the chapter shall apply to all proceedings as set  forth in this  article  except  where  specifically  otherwise  provided  herein.  A  claim  for  loss  of hearing under this article shall not be  barred by the failure of the employee or the  employee's  dependents  to  file   a  claim  within  the  two  year  period  prescribed  by  section  twenty-eight of this chapter, provided such claim shall be  filed  after  such two year period within ninety days after knowledge that the loss of  hearing is or was due to the nature of the employment. An employee whose  disablement  and  knowledge  of  disablement  occurred  prior to October  first, nineteen hundred eighty shall have six months from such  date  to  file  a  claim.  The  former average wage on which the compensation rate  payable shall be based shall be  determined,  as  provided  in  sections  fourteen  and  fourteen-a  of  this  chapter, by the wages earned by the  employee during the year prior to the employee's last day of work in the  last employment in which the employee was exposed to harmful noise.