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N.Y. WKC Law § 44

This is the official text of N.Y. WKC Law § 44, part of New York’s WKC Law — part of the compiled statutory law of New York, published by the state as "WKC Law." Browse the sections below, each linked to its official government source.

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Liability of employer

Official statutory 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 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

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.