New York § 44 Liability of employer

New York Statutes

§ 44 — Liability of employer

New York § 44

Law WKCWorkers' Compensation

Art. 3Occupational Diseases

This text of New York § 44 (Liability of employer) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Workers' Compensation § 44 (2026).

Text

  § 44. Liability of employer. The total compensation due shall be\nrecoverable from the employer who last employed the employee in the\nemployment to the nature of which the disease was due and in which it\nwas contracted. If, however, such disease, except silicosis or other\ndust disease and compressed air illness or its sequelae, was contracted\nwhile such employee was in the employment of a prior employer, the\nemployer who is made liable for the total compensation as provided by\nthis section, may appeal to the board for an apportionment of such\ncompensation among the several employers who since the contraction of\nsuch disease shall have employed such employee in the employment to the\nnature of which the disease was due. Such apportionment shall be\nproportioned to the time such em

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§ 44. Liability of employer. The total compensation due shall be\nrecoverable from the employer who last employed the employee in the\nemployment to the nature of which the disease was due and in which it\nwas contracted. If, however, such disease, except silicosis or other\ndust disease and compressed air illness or its sequelae, was contracted\nwhile such employee was in the employment of a prior employer, the\nemployer who is made liable for the total compensation as provided by\nthis section, may appeal to the board for an apportionment of such\ncompensation among the several employers who since the contraction of\nsuch disease shall have employed such employee in the employment to the\nnature of which the disease was due. Such apportionment shall be\nproportioned to the time such employee was employed in the service of\nsuch employers, and shall be determined only after a hearing, notice of\nthe time and place of which shall have been given to every employer\nalleged to be liable for any portion of such compensation. If the board\nfinds that any portion of such compensation is payable by an employer\nprior to the employer who is made liable for the total compensation as\nprovided by this section, it shall make an award accordingly in favor of\nthe last employer, and such award may be enforced in the same manner as\nan award for compensation.\n