Drummond Co. v. Higginbotham

I conclude that the employee’s workers’ compensation claim is barred by the two-year statute of limitations provided by § 25 — 5—117(b), Ala.Code 1975. For occupational diseases, such as hearing loss, the limitations period begins on “the date of the last exposure to the hazards of the disease.” I agree with the employer that the employee was last exposed to harmful noise levels several years before he filed his claim.

This court has held that in order for an employee to be exposed to the hazards of harmful noise, the “occupational noise [must be] sufficient both in intensity and duration to…