Opinion
W.C. No. 4-729-111.
January 23, 2008.
ORDER OF REMAND
The claimant seeks review of an order dated October 23, 2007 of Administrative Law Judge Cain (ALJ) that awarded him $250.00 for the disfigurement of his right ring finger as a result of his work injury. We uphold the ALJ's disfigurement award; however, we remand this matter for further proceedings in order to determine whether the award is subject to being increased 50 percent.
The ALJ's order indicates that the claimant sustained "a slight bend downward at the distal joint of the right ring finger, a slightly twisted appearance of the right ring finger, and a slight `bump' on the right ring finger." The ALJ awarded the claimant $250.00 for corresponding permanent disfigurement.
On appeal, the claimant asserts that a co-worker received a "full award" of benefits for injuries to his finger. The claimant therefore objects to the amount of his disfigurement award. We find no basis for disturbing the ALJ's decision.
Disfigurement benefits are awarded for the observable consequences of an industrial injury. Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961). For injuries on or after July 1, 2007, § 8-42-108(1), C.R.S. 2007 now 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." 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). 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 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.
The facts of another workers' claim, as discussed by the claimant, do not control the outcome of the claimant's disfigurement claim. Instead, the ALJ must determine the claimant's entitlement to a disfigurement award according to the particular facts of his case. 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). We may not disturb findings of fact that are supported by substantial evidence. Section 8-43-301(8), C.R.S. 2007.
Finally, the ALJ's Disfigurement Award and Order indicates in the caption that the employer is uninsured. Compensation and benefits are required to be increased by 50 percent where the employer is uninsured. Section 8-43-408(1), C.R.S. 2007. The ALJ made no findings regarding the employer's insurance status. See § 8-43-301(8) (Panel may remand if findings of fact insufficient for appellate review). This matter, therefore, must be remanded for additional proceedings and findings as to whether the employer is subject to a 50 percent increase of the disfigurement award.
IT IS THEREFORE ORDERED that the ALJ's order dated October 23, 2007 is affirmed as to the imposition of a $250 disfigurement award, and remanded for the ALJ's consideration of whether the award is subject to being increased 50 percent pursuant to § 8-43-408(1).
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ John D. Baird
____________________________________ Curt Kriksciun
TERRY TRUJILLO, PUEBLO, CO (Claimant).
RNR ENTERPRISES, INC., BOISE, ID (Employer).