A new study on hearing loss is likely to reduce the level of compensation paid out in future Army deafness cases, its authors claimed yesterday.
The study, carried out by a team from UCD's Smurfit Business School, claims that the existing test used to assess levels of Irish hearing loss overstated the level of hearing damage.
The authors said their study of 1,000 people showed that a new test was required and the "Green Book" - the formula used by Irish courts to decide the level of damage - needed to be updated.
The research team's project was unique because it specifically examined Irish hearing thresholds. The main finding was that the standard international test used to establish hearing loss - ISO Table B - became "skewed" when it was applied to the participants.
The team believes that as a result of the new findings, the ISO Table B should not be regarded as one of the primary "yardsticks" when assessing hearing loss claims in the Republic.
The ISO Table B forms a major part of the "Green Book" which was described as a "fair and measurable means of calculating disability" in a landmark case last year in the High Court.
Dr Ronan O'Connor, one of the authors of Analysis of Hearing Thresholds in the Irish Labour Force, said the "Green Book" now contained a table which was "out of date". He said much of the information in the "Green Book" had less relevance when compared with the new study.
He said that while the authors did not seek to "influence" anyone, it was likely the new study would be presented in court in the near future. He said, possibly for "congenital" reasons, Irish rates of hearing loss were different to those in other EU states.
"By using a common measure like ISO Table B, we are assuming that when people are exposed to the same level of noise they will be effected in the same way, which is not the case," said one of the authors, Prof Ray Kinsella, the director of the Centre of Insurance Studies at the Smurfit Business School.
He said it was "not good enough" that Irish courts had to depend on international studies to decide on the level of hearing loss damage. In relation to past judgements, he said the courts had to "make a decision on the information which was available at the time".
However, the findings of the study also contradicted another legal argument which surfaced in past Army deafness cases.
The study said that previous noise history - including use of personal stereos, attendance at concerts and the use of guns - "was insufficient for the purpose of diagnosing noise-induced hearing loss". It said that it had used such factors in an attempt to prove "causation" but was unable to do so.
The Department of Defence last night said it would examine the findings, but would not comment on whether it could be used to reduce future compensation payments.
On July 1st, an important appeal, expected to have wide ramifications, by the Minister of Defence, Mr Smith, of an earlier Army deafness case begins in the Supreme Court.
The State has already paid out up to £80 million in compensation and costs to members and former members of the Defence Forces who claimed their hearing was damaged. With almost 11,000 cases outstanding some reports have suggested that a further £300£400 million might have to be paid out.