N.Y. Workers' Compensation Law § 49-dd: Posthumous schedule awards

§ 49-dd. Posthumous schedule awards. If an employee shall die before

he shall have been removed from exposure to harmful noise for a period

of at least three consecutive months as hereinbefore provided, an award

may be made payable in accordance with the provisions of subdivision

four of section fifteen of this chapter and such award shall not be

barred by the fact that the deceased shall not have been removed from

harmful noise for a period of at least three consecutive months. In such

case the extent and degree of the employee's occupational loss of

hearing, and the award, if any, to be paid for such loss under

subdivision three of section fifteen of this chapter, shall be

determined upon the submission of proper proof of the occupational loss

of hearing sustained by the deceased employee. The date of disablement

shall be the date of the employee's death.