N.Y. Work. Comp. Law § 49-dd

§ 49-dd. Posthumous schedule awards. If an employee shall die before\nhe shall have been removed from exposure to harmful noise for a period\nof at least three consecutive months as hereinbefore provided, an award\nmay be made payable in accordance with the provisions of subdivision\nfour of section fifteen of this chapter and such award shall not be\nbarred by the fact that the deceased shall not have been removed from\nharmful noise for a period of at least three consecutive months. In such\ncase the extent and degree of the employee's occupational loss of\nhearing, and the award, if any, to be paid for such loss under\nsubdivision three of section fifteen of this chapter, shall be\ndetermined upon the submission of proper proof of the occupational loss\nof hearing sustained by the deceased employee. The date of disablement\nshall be the date of the employee's death.\n