IN RE GLICK, W.C. No. 4-234-064 (3/7/96)

IN THE MATTER OF THE CLAIM OF GARRET G. GLICK, Claimant, v. REGIONAL TRANSPORTATION DISTRICT, Employer, and SELF-INSURED, Insurer, Respondents.

W.C. No. 4-234-064Industrial Claim Appeals Office.
March 7, 1996

FINAL ORDER

The pro se claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) which awarded permanent bodily disfigurement benefits of $800. We affirm.

Following a hearing on December 13, 1995, the ALJ found that the claimant sustained permanent bodily disfigurement consisting of a “three-inch scar on the top of the right shoulder,” and a “small red scar on the posterior aspect of the right shoulder.”

Insofar as the claimant contests the ALJ’s description of his permanent disfigurement, it was the claimant’s obligation to provide a transcript of the December 13 hearing. See § 8-43-213 C.R.S. (1995 Cum. Supp.). The claimant did not designate the December 13 transcript as part of the appellate record and the transcript has not been transmitted to us on review. Consequently, we must presume that the ALJ’s description of the claimant’s permanent disfigurement is supported by substantial evidence in the record. Nova v. Industrial Claim Appeals Office, 754 P.2d 800
(Colo.App. 1988).

We also note that § 8-42-108 C.R.S. (1995 Cum. Supp.), affords the ALJ great discretion in assessing the amount, up to $2,000 for bodily disfigurement. See Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961). The legal standard on review of an alleged abuse of discretion is whether the ALJ’s order “exceeds the bounds of reason.” Rosenberg v. Board of Education of School District #1, 710 P.2d 1095
(Colo. 1985).

Because we must uphold the ALJ’s description of the claimant’s disfigurement, we cannot say that the ALJ’s award of $800 exceeds the bounds of reason. Therefore, we may not disturb the ALJ’s order or grant the claimant’s request for a greater award.

IT IS THEREFORE ORDERED that the ALJ’s order dated December 13, 1995, is affirmed.

INDUSTRIAL CLAIM APPEALS PANEL

_____
David Cain

_____
Kathy E. Dean

NOTICE

This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum. Supp.).

Copies of this decision were mailed March 7, 1996 to the following parties:

Garret G. Glick, 935 Moline St., Aurora, CO 80012

Regional Transportation District, 1600 Blake St., Denver, CO 80202

BY: _____