2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 3-A - (49-AA - 49-HH) OCCUPATIONAL LOSS OF HEARING
49-BB - Waiting period; date of disablement; payment of compensation.

 
    § 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.