W.C. No. 4-307-547Industrial Claim Appeals Office.
May 13, 1999.
FINAL ORDER
The claimant seeks review of final order of Administrative Law Judge Martinez (ALJ) which awarded $500 for disfigurement. We affirm.
The ALJ found that in 1996 the claimant sustained a compensable injury to his left shoulder. As a result, the claimant underwent surgery. The ALJ observed that the surgery has caused two scars. One scar is located on top of the left shoulder and is approximately six and one-half inches long with suture marks at regular intervals. The second scar is located on the biceps of the left arm and is approximately three and one-half inches long.
The claimant also presented evidence of a two inch scar across the top of his right shoulder. This scar was caused by surgery for a prior industrial injury. Another ALJ awarded the claimant $900 for this disfigurement.
The ALJ awarded $500 for disfigurement to the left shoulder and arm caused by the 1996 injury. In so doing, the ALJ stated that he considered the prior award of $900 for scarring of the right shoulder to be “excessive and not persuasive in establishing the amount of a disfigurement award for the scars on the claimant’s left shoulder and arm.”
On review, the claimant contends that the disfigurement award for the left upper extremity should be greater than the award for the scar on the right shoulder. The claimant points out that the scars on the left shoulder and arm are longer than the scar on the right shoulder. Thus, the claimant asserts that “compelling evidence would suggest that the claimant’s award was unreasonable.” We find no error.
Section 8-42-108, C.R.S. 1998, provides that in cases of serious, permanent disfigurement the ALJ “may allow such sum for compensation on account thereof as” he “may deem just not exceeding two thousand dollars.” As we have held on numerous occasions, the ALJ’s authority to award disfigurement benefits is discretionary. See Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961). Because the ALJ’s authority is discretionary we may not interfere with the award unless it is beyond the bounds of reason, as where it is contrary to law or unsupported by the evidence. Rosenberg v. Board of Education of School District No. 710 P.2d 1095 (Colo. 1995).
The ALJ observes the disfigurement and is in the best position to assess its significance in terms of the overall statutory scheme. Moreover, different ALJs may award different amounts for similar disfigurements without exceeding the bounds of reason. As the respondents point out, there is no mathematical method for rendering precise disfigurement awards. Consequently, we cannot say the ALJ abused his discretion in awarding $500 for scarring of the claimant’s left upper extremity.
IT IS THEREFORE ORDERED that the ALJ’s order dated December 18, 1998, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate the Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, Colorado 80203, by filing a petition to 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 the Order was mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. 1998.
Copies of this decision were mailed May 13, 1999 to the following parties:
Terrence S. Chelius, Chief’s Ranch Hunting Lodge, 26101 Highway 141, Whitewater, CO 81527
Town of Naturita, 230 Main St., Naturita, CO 81422
Laurie A. Schoder, Esq., Colorado Compensation Insurance Authority Interagency Mail (For Respondents)
By: le