IN RE GARRETT, W.C. No. 4-165-193 (9/29/1995)


IN THE MATTER OF THE CLAIM OF MATTHEW GARRETT, Claimant, v. UNITED PARCEL SERVICE, Employer, and LIBERTY MUTUAL FIRE INSURANCE, Insurer, Respondents.

W.C. No. 4-165-193Industrial Claim Appeals Office.
September 29, 1995

FINAL ORDER

The claimant seeks review of an order of Administrative Law Judge Friend (ALJ) which awarded $1,200.00 compensation for disfigurement. The claimant contends he should have received the $2,000.00 maximum for disfigurement. We affirm.

Section 8-42-108, C.R.S. (1995 Cum. Supp.), affords the ALJ great discretion in determining the amount of compensation to be awarded for disfigurement. Here, the ALJ’s order reflects consideration of the pertinent factors, and we perceive no abuse of discretion. Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961).

The claimant has argued that the scar will cause him “economical loss.” However, disfigurement is not awarded for “economic loss.” Nevertheless, the claimant may be entitled to compensation on account of permanent disability under § 8-42-107(8), C.R.S. (1995 Cum. Supp.), and we do not perceive the ALJ’s order as prohibiting such an award if appropriate.

INDUSTRIAL CLAIM APPEALS PANEL

___________________________________ David Cain
___________________________________ Dona Halsey

NOTICE

This Order is final unless an action to modify or vacate the Order iscommenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver,Colorado 80203, by filing a petition to review 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 the Orderwas mailed, pursuant to §§ 8-43-301(10) and 307, C.R.S. (1995 Cum.Supp.).

Copies of this decision were mailed September 29, 1995 to the following parties:

Matthew Garrett, P.O. Box 6603, Longmont, CO 80501

United Parcel Service, Inc. 3795 Frontier Ave., Boulder, CO 80301-2411

Liberty Mutual Fire Ins., 13111 E. Briarwood Ave., Ste. 100, P.O. Box 3539, Englewood, CO 80012-3539

By: ________________________