§ 39. Right to compensation. If an employee is disabled or dies and
his disability or death is caused by one of the diseases mentioned in
subdivision two of section three, and the disease is due to the nature
of the corresponding employment as described in such subdivision in
which such employee was engaged and was contracted therein, he or his
dependents shall be entitled to compensation for the duration of his
disablement or for his death in accordance with the provisions of
articles two and three of this chapter, provided, however, that if it
shall be determined that an employee so disabled is able to earn wages
at another occupation which shall be neither unhealthful nor injurious,
and such wages do not equal his full wages prior to the date of his
disablement, the compensation payable shall be computed pursuant to the
provisions of article two of this chapter.