W.C. No. 4-534-766Industrial Claim Appeals Office.
January 14, 2003
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Harr (ALJ) which awarded $1400 for disfigurement. We affirm.
The claimant contends the award of benefits is inadequate. In support, the claimant states that he has spoken to his physician who advised that he now uses a better “stitching technique.”
Section 8-42-108, C.R.S. 2002, affords the ALJ discretion to award up to $2000 in disfigurement benefits. An abuse of discretion is not shown unless the order is beyond the bounds of reason, as where it is unsupported by the evidence or contrary to law. Pizza Hut v. Industrial Claim Appeals Office, 18 P.3d 867 (Colo.App. 2001).
Here, the ALJ’s order reflects consideration of the pertinent factors in assessing disfigurement, and we perceive no abuse of discretion. See Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961). Further, the claimant’s factual representations concerning the statement of the doctor, to the extent they are even relevant, may not be considered as evidence in the case. Subsequent Injury Fund v. Gallegos, 746 P.2d 71 (Colo.App. 1987) (statements contained in briefs may not substitute for that which must appear of record).
IT IS THEREFORE ORDERED that the ALJ’s order dated September 25, 2002, 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 iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,CO 80203, by filing a petition for review with the Court, within twenty(20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2002. The appealing party mustserve a copy of the petition upon all other parties, including theIndustrial Claim Appeals Office, which may be served by mail at 1515Arapahoe Street, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed _______January 14, 2003 to the following parties:
Adam Chadwick, 6336 S. Crocker St., Littleton, CO 80120
United Parcel Service, 5020 Ivy St., Commerce City, CO 80022
Liberty Mutual Group, 10770 E. Briarwood Ave., #200, Englewood, CO 80112
By: __________A. Hurtado__________