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RAYTHEON CONSTRUCTORS v. TOBOLA

01-09195; A122263.

97 P.3d 1278 (2004)

195 Or. App. 396

In the Matter of the Compensation of Robert R. Tobola, Claimant. RAYTHEON CONSTRUCTORS and Liberty Northwest Insurance Corporation, Petitioners, v. Robert R. TOBOLA; Morrison Knudsen Corp.-Washington Group International, Travelers Ins. Co.; Enron Corp., and Travelers Ins. Co., Respondents.

Court of Appeals of Oregon.

Decided September 22, 2004.

Attorney(s) appearing for the Case

Deborah L. Sather argued the cause for petitioners. With her on the briefs were Brian M. Perko and Sather, Byerly & Holloway.

Aukjen T. Ingraham argued the cause for respondent Robert R. Tobola. With her on the brief was Ransom, Gilbertson, Martin & Lefkowitz, LLP.

Kenneth L. Kleinsmith argued the cause for respondents Morrison Knudsen Corp.-Washington Group International and Travelers Ins. Co. With him on the brief was Radler, Bohy, Replogle & Miller.

Jerald P. Keene argued the cause and filed the brief for Enron Corp. and Travelers Ins. Co.

Before EDMONDS, Presiding Judge, and LANDAU and SCHUMAN, Judges.

SCHUMAN, J.

The Workers' Compensation Board (board), applying the last injurious exposure rule, found that claimant Tombola'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...

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