N.Y. Workers' Compensation Law § 39: Right to compensation

§ 39. Right to compensation. If an employee is disabled or dies and

his disability or death is caused by one of the diseases mentioned in

subdivision two of section three, and the disease is due to the nature

of the corresponding employment as described in such subdivision in

which such employee was engaged and was contracted therein, he or his

dependents shall be entitled to compensation for the duration of his

disablement or for his death in accordance with the provisions of

articles two and three of this chapter, provided, however, that if it

shall be determined that an employee so disabled is able to earn wages

at another occupation which shall be neither unhealthful nor injurious,

and such wages do not equal his full wages prior to the date of his

disablement, the compensation payable shall be computed pursuant to the

provisions of article two of this chapter.