W.C. No. 4-217-556Industrial Claim Appeals Office.
December 29, 1995
FINAL ORDER
The pro se claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) which awarded permanent bodily disfigurement benefits of $1,400. The claimant contends that the ALJ’s award does not adequately compensate him for the tremendous physical and emotional suffering he has experienced as a result of the industrial injury. We affirm.
Disfigurement benefits are designed to compensate for observable damage to parts of the body normally exposed to public view. See Twilight Jones Lounge v. Showers, 732 P.2d 1230 (Colo.App. 1986). They are not intended to compensate for pain and suffering either physical or emotional.
Furthermore, § 8-42-108 C.R.S. (1994 Cum. Supp.), under which disfigurement benefits are awarded, affords the ALJ great discretion in assessing the amount, up to $2,000, to be awarded. 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).
Pursuant to the parties’ stipulation, the ALJ’s award of disfigurement benefits was based upon photographs of the claimant’s injured leg. We have reviewed the photographs. As a result, we cannot say that the ALJ’s award of $1,400 for permanent bodily disfigurement exceeds the bounds of reason. Consequently, we may not disturb the ALJ’s award.
IT IS THEREFORE ORDERED that the ALJ’s order dated October 16, 1995, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
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, CO80203, by filing a petition for writ of certiorari with the court, withservice of a copy of the petition upon the Industrial Claim Appeals Officeand all other parties, within twenty (20) days after the date this Orderis mailed, pursuant to section 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).
Copies of this decision were mailed December 29, 1995 to the following parties:
Danny Dominguez, 1505 E. 3rd St., Pueblo, CO 81001
David J. Joseph Co., 2100 W. Oxford Ave., Englewood, CO 80110-4338
Liberty Mutual Ins. Co., Attn: Jan Chapman, 13111 E. Briarwood Ave., Ste. 100, Englewood, CO 80112
Mark Anderson, Esq. 123 W. 12th St., Pueblo, CO 81003
(For the Claimant)
BY: _______________________