Opinion
W.C. No. 4-756-080.
October 29, 2008.
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Azer (ALJ) dated September 8, 2008, that found the claimant sustained a disfigurement and ordered the insurer to pay the claimant $250.00 for that disfigurement. We affirm.
The matter was heard before the ALJ on the sole issue of disfigurement. The ALJ made the following findings of fact. As a result of a March 29, 2008 work injury, the claimant has a visible disfigurement to the body consisting of his right big toe. The claimant has disfigurement of his right big toe on the nail. There is discoloration surrounding the nail and two small scars below the nail. In addition, there is a scar approximately one inch on the right side of the toe. The ALJ concluded that the claimant had a sustained a serious permanent disfigurement to an area of his body normally exposed to public view and awarded $250.00 for that disfigurement.
On appeal, the claimant argues that he is entitled to no less than $4,000.00 and no more than $8,000.00. We are not persuaded that the ALJ erred in his award of $250.00.
Disfigurement benefits are provided for in § 8-42-108 C.R.S., 2008 as follows:
If an employee is seriously, permanently disfigured about the head, face, or parts of the body normally exposed to public view, in addition to all other compensation benefits provided in this article and except as provided in subsection (2) of this section, the director may allow compensation not to exceed four thousand dollars to the employee who suffers such disfigurement.
If an employee sustains any of the following disfigurements, the director may allow up to eight thousand dollars as compensation to the employee in addition to all other compensation benefits provided in this article other than compensation allowed under subsection (1) of this section:
(a) Extensive facial scars or facial burn scars;
(b) Extensive body scars or burn scars; or
(c) Stumps due to loss or partial loss of limbs.
To the extent that the claimant argues that the statute mandates that his disfigurement award should be no less than $4,000.00 up to $8,000.00, we do not agree. Section 8-42-108(1)permits an ALJ to award disfigurement benefits up to a maximum of $4,000 if the claimant is "seriously, permanently disfigured about the head, face or part of the body normally exposed to public view." That is what the ALJ found here. Disfigurement benefits may reach $8,000 for specific disfigurements such as the partial loss of limbs, extensive facial scars, or extensive body scars. Section 8-42-108 (2); Trujillo v. RNR W.C. No. 4-729-111 (January 23, 2008). Here the claimant's disfigurement is confined to his big toe. We perceive no error in the ALJ awarding disfigurement benefits under the general section rather that awarding benefits under the section of the act which allows for additional disfigurement award for extensive facial scars, extensive body scars or stumps due to loss of limbs.
As we understand the claimant's argument, he also generally takes issue with the amount of his disfigurement award. Disfigurement benefits are awarded for the observable consequences of an industrial injury. Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961). However, § 8-42-108 affords the ALJ great discretion in determining the amount of compensation to be awarded for disfigurement. The ALJ views the disfigurement and is in the best position to assess what amount is appropriate. We may not interfere with the ALJ's determination regarding the amount of the disfigurement award in the absence of an abuse of discretion. An ALJ only abuses his discretion if the order "exceeds the bounds of reason." Rosenberg v. Board of Education of School District # 1, 710 P.2d 1095 (Colo. 1985). The ALJ viewed the claimant and his order reflects consideration of relevant factors. Consequently, we cannot say his order exceeds the bounds of reason.
IT IS THEREFORE ORDERED that the ALJ's order dated September 8, 2008 is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
_______________________ John D. Baird
_______________________ Thomas Schrant
HUBBERT ROY,, ENGLEWOOD, CO, (Claimant), SEDGWICK CLAIMS MANAGEMENT SERVICES, Attn: KRISTOPHER OWEN, LEXINGTON, KY, (Insurer), MCCREA BUCK, LLC, Attn: JAMES B BUCK, ESQ., DENVER, CO, (For Respondents).