New York Consolidated Laws, Workers' Compensation Law - WKC § 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.