Case Update

Personal Injury – NIHL found to not be a progressive condition


HHJ Wood QC rejected the claimant’s argument that noise-induced hearing loss (NIHL) is a progressive condition that can deteriorate even after exposure to noise has come to an end. The defendant faced a novel argument that an audiogram with no audiometric features of NIHL (whether taken during or after the allegedly noisy employment) does not mean that there was no damage, but damage may have occurred so the effects are only seen later in time with audiometric features only appearing on later audiometry.