Opinion
W.C. No. 4-665-979.
July 25, 2006.
FINAL ORDER
The claimant seeks review of an order dated March 13, 2006, of Administrative Law Judge Coughlin (ALJ) that awarded him $380.00 for the disfigurement of his face as a result of his work injury. We affirm.
Initially, we note that the claimant has not provided a transcript of the hearing on March 13, 2006. In the absence of a transcript we are required to presume that the ALJ's findings of fact are supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800 (Colo.App. 1988). However, we note that the ALJ's order indicates that the claimant sustained "facial scars x 3, well-healed, and a small dent in the left cheek."
On appeal, the claimant takes issue with the amount of the disfigurement award in light of the employer's alleged negligence in placing the claimant in the situation which resulted in the facial scars. However, we are not at liberty to disregard the ALJ's findings and 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). Section 8-42-108, C.R.S. 2005 permits an ALJ to award disfigurement benefits up to a maximum of $2000 if the claimant is "seriously, permanently disfigured about the head, face or part of the body normally exposed to public view." The claimant takes issue with the relatively small amount of his disfigurement award. The Colorado Supreme Court recognized the "very meagerness of the ultimate award allowable" for disfigurements in upholding the availability of such awards without reference to whether or not a claimant suffered a loss of earning capacity. Arkin, 145 Colo. at 472, 358 P.2d at 884.
Section 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 her 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 her order reflects consideration of relevant factors. Consequently, we cannot say her order exceeds the bounds of reason.
IT IS THEREFORE ORDERED that the ALJ's order dated March 13, 2006, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ John D. Baird
____________________________________ Curt Kriksciun
Frank Sandoval, Commerce City, CO (Claimant).
Safeway, Inc., Safeway, Inc., Englewood, CO (Respondents).