2023 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.