Section 49-BB. Waiting period; date of disablement; payment of compensation  


Latest version.
  • Notwithstanding  any  other  inconsistent  provisions  of  this chapter,
      compensation for occupational loss  of  hearing  shall  become  due  and
      payable  at  the  employee's  choice three months after (1) removal from
      exposure to harmful  noise  in  employment  (removal  from  exposure  to
      harmful  noise  in  employment for the three month waiting period may be
      achieved by use of effective ear  protection  devices  provided  at  the
      expense  of  the  employer)  or  (2)  separation  from work for the last
      employer in whose employment the employee was  at  anytime  during  such
      employment  exposed  to  harmful  noise.  The last day of such period of
      removal from such exposure or of separation from such work shall be  the
      date  of disablement. Such disablement shall be treated as the happening
      of an accident within the meaning of this chapter and the procedure  and
      practice  provided  in the chapter shall apply to all proceedings as set
      forth in this  article  except  where  specifically  otherwise  provided
      herein.  A  claim  for  loss  of hearing under this article shall not be
      barred by the failure of the employee or the  employee's  dependents  to
      file   a  claim  within  the  two  year  period  prescribed  by  section
      twenty-eight of this chapter, provided such claim shall be  filed  after
      such two year period within ninety days after knowledge that the loss of
      hearing is or was due to the nature of the employment. An employee whose
      disablement  and  knowledge  of  disablement  occurred  prior to October
      first, nineteen hundred eighty shall have six months from such  date  to
      file  a  claim.  The  former average wage on which the compensation rate
      payable shall be based shall be  determined,  as  provided  in  sections
      fourteen  and  fourteen-a  of  this  chapter, by the wages earned by the
      employee during the year prior to the employee's last day of work in the
      last employment in which the employee was exposed to harmful noise.