NY Work Comp L § 49-EE (2021)
2021 New York Laws WKC - Workers' Compensation Article 3-A - Occupational Loss of Hearing 49-EE - Liability of Employer; Preplacement Examinations and Notice to Prior Employers; Apportionment of Liability Between Employers.

§  49-ee.  Liability of employer; preplacement examinations and notice   to prior employers; apportionment of liability between employers. 1. The   last employer in whose employment the employee was  exposed  to  harmful   noise shall, except as herein provided, be liable for the payment of the   total  compensation  due  the employee for his loss of hearing caused by   all of his employments in which he was exposed to harmful noise and  the   employee  shall  not be required to give notice to, or to file any claim   against, any of his prior employers in whose employment he  was  exposed   to harmful noise.2.  If  an employer makes a pre-placement examination which shows that   the employee has a pre-existing loss of hearing which may be  due  to  a   prior  employment  or  employments  in  which  he was exposed to harmful   noise, such employer shall promptly, and in any event within ninety days   after such preplacement examination, give notice to the  prior  employer   or employers in writing of the result of such pre-placement examination.   Such  notice  shall advise the prior employer or employers that they may   be required, if a claim is  filed  and  an  award  to  the  employee  is   subsequently made, to reimburse the succeeding employer for that portion   of the award which was due to the loss caused by their prior employment,   provided,  however, that no liability shall attach to any prior employer   in whose employment the  last  preceding  harmful  exposure  shall  have   occurred  more than three years prior to the date of mailing such notice   to the prior employer or employers, and  provided  further  that  in  no   event shall any employer, including the last employer, be liable for the   payment of any claim that would otherwise, and regardless of the date of   disablement  fixed herein, be barred by any of the limitations contained   in sections twenty-eight and forty of  this  chapter.  A  copy  of  this   notice  shall also be sent to the employee.  Upon receipt of such notice   the prior employer or employers shall have  the  right  to  a  competent   examination  as  to  the  nature  and  extent  of the employee's loss of   hearing, and such examination shall not be invalid because the  employee   has  not  been  removed  from  harmful exposure for a period of at least   three consecutive months.3. All issues as to the nature and extent of the  employee's  ultimate   loss of hearing due to his occupation, the total amount of compensation,   if any, due the employee, the liability for contribution, if any, of the   prior  employer  or employers who were given notice by the last employer   as hereinbefore provided, the amount of the contribution, if any, to  be   paid  by such prior employer or employers, and the liability, if any, of   the last employer and the amount of compensation, if any, to be paid  by   such  last  employer,  shall be determined only after the employee shall   have been removed from harmful exposure for a period of at  least  three   consecutive months, whether working for one or more employers, and after   his  disablement  as set forth in section forty-nine-bb of this article.   If, upon  the  filing  of  any  claim,  the  last  employer  decides  to   controvert  the  right  to  compensation upon any ground he shall file a   notice  of  controversy  with  the  chairman  as  provided  in   section   twenty-five of this chapter. If, upon the filing of any claim, any prior   employer  who  was  given  notice  as  hereinbefore  provided decides to   controvert the liability for contribution he shall promptly  inform  the   last  employer  and  the  workers' compensation board in writing so that   such issue may be determined together with, and at the same time as, the   employee's claim for compensation against the last employer. If the last   employer in whose employment there was an exposure to harmful noise does   not give the employee a replacement examination, or does not give notice   as provided herein to the prior employer or employers,  then  such  last   employer,  except as herein provided, shall be liable for the employee's    entire occupational loss of hearing without the right  to  reimbursement   from the prior employer or employers.