W.C. No. 4-790-953.Industrial Claim Appeals Office.
March 4, 2011.
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) dated December 3, 2010, that ordered the employer to pay the claimant $2,500.00 for disfigurement. We affirm.
The sole issue for hearing was disfigurement. The ALJ found that the claimant, as a result of her work injury, has a visible disfigurement to the body consisting of a six-inch red scar on the right elbow and forearm. The ALJ concluded that the claimant had sustained a serious permanent disfigurement to areas of her body normally exposed to public view.
Disfigurement benefits are provided for in § 8-42-108 C.R.S. Section 8-42-108(1) 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.” Here the ALJ awarded $2,500.00 for disfigurement.
The claimant filed a Petition to Review the December 3, 2010 but failed to list any grounds. This restricts our review. However, it appears to us that she generally takes issue with the amount of her disfigurement 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). However, § 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,
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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.
IT IS THEREFORE ORDERED that the ALJ’s order dated December 3, 2010 is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
_______________________ Curt Kriksciun
_______________________ Thomas Schrant
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CHRISTINA GRANADOS, LAMAR, CO, (Claimant)
SAFEWAY, Attn: SUE POLYAKOVICS, PHOENIX, AZ, (Employer).
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