Raytheon Constructors v. Tobola

The Workers’ Compensation Board (board), applying the last injurious exposure rule, found that claimant Tobola’s bilateral hearing loss was a compensable occupational disease and that employer Raytheon Constructors and its insurer, Liberty Northwest Insurance Corporation, 1 were responsible for claimant’s condition. Raytheon seeks judicial review, contending that claimant’s visit to an audiologist and the audiologist’s recommendation for hearing aids did not constitute “medical services” under ORS 656.802(l)(a), that claimant’s hearing loss was therefore not a compensable occupational disease…