Lawyers representing soldiers pursuing compensation for hearing loss have been misinterpreting a hearing test designed by the Health and Safety Authority, Dr Dan Murphy, its director of occupation medical services, has said.
Lawyers representing the soldiers have argued that the authority's hearing tests should be considered when deciding on the damage done to soldiers' hearing. These tests measure hearing up to frequencies of 8,000 Hertz (Hz).
The State has been arguing that tests which measure hearing up to 3,000 Hz are more appropriate for measuring hearing disability and are the international norm. Most of the soldiers are showing a "drop" in their ability to hear at 4,000 Hz. The State argues that this does not constitute a disability.
Dr Murphy said the authority's test is a "screening" test, used to detect high-tone hearing loss "at a stage before it becomes a disability". It is not a "diagnostic" test to measure hearing disability.
"Neither the main body of the guidelines nor the annexes, giving `warning levels', and `referral levels' are intended as diagnosing noise-induced hearing loss or, having diagnosed it, assessing the degree of handicap from noise-inducing hearing loss."
Hearing loss at high frequencies can indicate a danger that hearing disability might later occur, according to Dr Murphy. However, a barrister who has represented soldiers seeking compensation said hearing loss registered at higher frequencies meant real damage to hearing.
Soldiers with such hearing loss said they could not follow group conversations or hear the TV unless the volume was turned up to unusual levels, said the barrister. He did not wish to be named.
The barrister also said the authority's test is used by the Army and can lead to soldiers being restricted in their range of duties. He said the Army was "using double standards". A spokesman for the Department of the Defence said some soldiers' duties are restricted when the results show they need to be protected against loud noise. Duty on firing ranges and on guard duties where shooting might occur were such categories.
Meanwhile, the first meeting of the expert group set up to devise an Irish hearing damage assessment system has just taken place. The Department of Defence asked the Department of Health to establish such a group in August.
The four-month delay was mainly due to difficulty in getting nine hearing consultants and scientists to sit on the group.
The group is to report by early February. The State hopes the report may lend weight to its arguments in court and reduce the size of awards being made.
