W.C. No. 4-209-297Industrial Claim Appeals Office.
December 28, 1995
FINAL ORDER
The claimant seek review of an order of Administrative Law Judge Friend (ALJ) which awarded $500 for disfigurement. We affirm.
The claimant sustained a scar on his right knee. On review, the claimant contends the award for disfigurement was insufficient because the scar is “getting darker” and because he once had aspirations of modeling. We find no error.
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. The ALJ views the disfigurement, and is in the best position to assess what amount should be awarded. Here, the ALJ’s order reflects consideration of the pertinent factors, and we perceive no abuse of discretion. See Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961).
We also note that 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 the claimant’s economic injury, and the ALJ’s order does not rule out the possibility that the claimant may be entitled to compensation under other provisions of the Act. See §8-42-107, C.R.S. (1995 Cum. Supp.).
Further, the ALJ could only observe the scar in the pictures which were presented pursuant to the parties’ stipulation. Insofar as there may have been a “worsening” of the claimant’s scar, the matter may be subject to reopening. However, the claimant has not filed a petition to reopen based on a worsened condition, and that issue was not before the ALJ.
IT IS THEREFORE ORDERED that the ALJ’s order, dated June 23, 1995, is affirmed.
INDUSTRIAL CLAIM APPEAL PANEL
___________________________________ David Cain
___________________________________ Kathy E. Dean
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 December 28, 1995 to the following parties:
Matthew Garrett, P.O. Box 6603, Longmont, CO 80501
United Parcel Services, 5020 Ivy Street, Commerce City, CO 80022
Liberty Mutual Fire Ins. Co., P.O. Box 3539, Englewood, CO 80155-3539
By: ____________________