§ 49-EE — Liability of employer; preplacement examinations and notice to prior employers; apportionment of liability between employers

New York § 49-EE

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 3-A: Occupational Loss of Hearing

Text

§ 49-ee. Liability of employer; preplacement examinations and notice\nto prior employers; apportionment of liability between employers. 1. The\nlast employer in whose employment the employee was exposed to harmful\nnoise shall, except as herein provided, be liable for the payment of the\ntotal compensation due the employee for his loss of hearing caused by\nall of his employments in which he was exposed to harmful noise and the\nemployee shall not be required to give notice to, or to file any claim\nagainst, any of his prior employers in whose employment he was exposed\nto harmful noise.\n 2. If an employer makes a pre-placement examination which shows that\nthe employee has a pre-existing loss of hearing which may be due to a\nprior employment or employments in which he was exposed to harmful\nnoise, such employer shall promptly, and in any event within ninety days\nafter such preplacement examination, give notice to the prior employer\nor employers in writing of the result of such pre-placement examination.\nSuch notice shall advise the prior employer or employers that they may\nbe required, if a claim is filed and an award to the employee is\nsubsequently made, to reimburse the succeeding employer for that portion\nof the award which was due to the loss caused by their prior employment,\nprovided, however, that no liability shall attach to any prior employer\nin whose employment the last preceding harmful exposure shall have\noccurred more than three years prior to the date of mailing such notice\nto the prior employer or employers, and provided further that in no\nevent shall any employer, including the last employer, be liable for the\npayment of any claim that would otherwise, and regardless of the date of\ndisablement fixed herein, be barred by any of the limitations contained\nin sections twenty-eight and forty of this chapter. A copy of this\nnotice shall also be sent to the employee. Upon receipt of such notice\nthe prior employer or employers shall have the right to a competent\nexamination as to the nature and extent of the employee's loss of\nhearing, and such examination shall not be invalid because the employee\nhas not been removed from harmful exposure for a period of at least\nthree consecutive months.\n 3. All issues as to the nature and extent of the employee's ultimate\nloss of hearing due to his occupation, the total amount of compensation,\nif any, due the employee, the liability for contribution, if any, of the\nprior employer or employers who were given notice by the last employer\nas hereinbefore provided, the amount of the contribution, if any, to be\npaid by such prior employer or employers, and the liability, if any, of\nthe last employer and the amount of compensation, if any, to be paid by\nsuch last employer, shall be determined only after the employee shall\nhave been removed from harmful exposure for a period of at least three\nconsecutive months, whether working for one or more employers, and after\nhis disablement as set forth in section forty-nine-bb of this article.\nIf, upon the filing of any claim, the last employer decides to\ncontrovert the right to compensation upon any ground he shall file a\nnotice of controversy with the chairman as provided in section\ntwenty-five of this chapter. If, upon the filing of any claim, any prior\nemployer who was given notice as hereinbefore provided decides to\ncontrovert the liability for contribution he shall promptly inform the\nlast employer and the workers' compensation board in writing so that\nsuch issue may be determined together with, and at the same time as, the\nemployee's claim for compensation against the last employer. If the last\nemployer in whose employment there was an exposure to harmful noise does\nnot give the employee a replacement examination, or does not give notice\nas provided herein to the prior employer or employers, then such last\nemployer, except as herein provided, shall be liable for the employee's\nentire occupational loss of hearing without the right to reimbursement\nfrom the prior employer or employers.\n