W.C. No. 4-417-699Industrial Claim Appeals Office.
July 9, 2001
FINAL ORDER
The claimant seeks review of order of Administrative Law Judge Wheelock (ALJ) which awarded $1000 for the claimant’s disfigurement. We affirm.
The ALJ found the claimant incurred a serious, permanent disfigurement consisting of a “surgical scar on the shoulder.” The ALJ awarded $1000 for this disfigurement. The claimant filed a petition to review stating that a friend received $1800 for a smaller scar on his left shoulder. The claimant did not file a brief in support of his petition.
The ALJ is permitted to award such amount and she deems just, up to $2000, if the claimant “is seriously, permanently disfigured about the head, face, or parts of the body normally exposed to public view.” Section 8-42-108, C.R.S. 2000. Under this statute an award of disfigurement is discretionary with the ALJ so long as she considers the relevant factors. See Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961). Consequently, we may not interfere with the ALJ’s order unless it exceeds the bounds of reason, as where it is contrary to the law or unsupported by the evidence. See Coates, Reid and Waldron v. Vigil, 856 P.2d 850 (Colo. 1993).
Here, the ALJ’s order reflects consideration of the pertinent factors. Consequently, we perceive no abuse of discretion in the award. The mere fact that another ALJ may have awarded more disfigurement benefits in a similar case does not demonstrate that the award in this case was unreasonable or unlawful. In any event, there is no indication that the claimant presented evidence concerning awards in other cases, and we may not consider such evidence which is submitted for the first time on appeal. See § 8-43-301(8), C.R.S. 2000 (we must uphold order if supported by substantial evidence in the record).
IT IS THEREFORE ORDERED that the ALJ’s order dated January 9, 2001, is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the Court, within twenty (20) days after the date this Order is mailed, pursuant to §8-43-301(10) and § 8-43-307, C.R.S. 2000. The appealing party must serve a copy of the petition upon all other parties, including the Industrial Claim Appeals Office, which may be served by mail at 1515 Arapahoe, Tower 3, Suite 350, Denver, CO 80202.
Copies of this decision were mailed July 9, 2001 to the following parties:
Robert Richardson, 9865 Heritage Park Trail, Peyton, CO 80831
United Parcel Service, 5020 Ivy St., Commerce City, CO 80022
Liberty Mutual Fire Insurance, 13111 E. Briarwood Ave., Englewood, CO 80112
BY: A. Pendroy