34:15-35.22. Failure to use protective devices, compensation for hearing loss.

No compensation shall be payable for loss of hearing caused by hazardous noise after the effective date of this act if an employer can properly document that despite repeated warnings, an employee willfully fails to properly and effectively utilize suitable protective device or devices provided by the employer capable of diminishing loss of hearing due to occupational exposure to hazardous noise.

Article 3. DEFINITIONS AND GENERAL PROVISIONS