W.C. No. 4-449-741Industrial Claim Appeals Office.
December 27, 2000
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Corchado (ALJ) which awarded disfigurement benefits. We affirm.
The claimant sustained a laceration injury to his forehead. A disfigurement hearing was scheduled for May 23, 2000. The claimant appeared in person and the respondents appeared through counsel. The ALJ described the claimant’s disfigurement as a “very visible winding scar, approximately six inches long on his head.” Under these circumstances, the ALJ awarded the claimant $1000 in disfigurement benefits.
On appeal the claimant contends he is entitled to a maximum disfigurement award of $2000 for two reasons. 1) the “respondents have shown continuing pattern of ignoring their responsibilities to both the claimant and the Division of Worker’s [sic] Compensation.” In support the claimant alleged the respondents failed timely to admit or deny liability for the claim. 2) the respondents failed to appear at the disfigurement hearing on May 23. We conclude the claimant has failed to establish grounds which afford us a basis to grant appellate relief.
Disfigurement benefits are awarded for the visual consequences of an industrial injury. Arkin v. Industrial Commission, 145 Colo. 463, 358 P.2d 879 (1961); Twilight Lounge v. Showers, 732 P.2d 1230 (Colo.App. 1986). Specifically, §8-42-108 C.R.S. 2000, allows an ALJ to award disfigurement benefits up to a maximum of $2000 if the claimant is “seriously, permanently disfigured about the head, face or part of the body normally exposed to public view.” Therefore, the respondents’ conduct in adjusting the claim is immaterial to the amount of a disfigurement award.
Section 8-42-108 affords the ALJ great discretion in determining the amount of compensation to be awarded for bodily disfigurement. The ALJ views the disfigurement and is the best position to assess what amount should be awarded. We may not interfere with the ALJ’s determination in the absence of an abuse of discretion, which is defined as an order which “exceeds the bounds of reason.” Rosenberg v. Board of Education of School District #1, 710 P.2d 1095 (Colo. 1985).
The claimant does not dispute the ALJ’s description of his bodily disfigurement and the ALJ’s order reflects consideration of the pertinent factors. Consequently, we cannot say the disfigurement award of $1000 exceeds the bounds of reason. Arkin v. Industrial Commission, supra.
Furthermore, the only issue before the ALJ was disfigurement. Therefore, to the extent the claimant seeks compensation or penalties for the respondents conduct, those issues were not properly before the ALJ for adjudication. Consequently, we may not address those issues on review. See Colorado Compensation Ins. Authority v. Industrial Claim Appeals Office, 884 P.2d 1131
(Colo.App. 1994)
IT IS THEREFORE ORDERED that the ALJ’s order dated June 21, 2000, 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 December 27, 2000 to the following parties:
Jack M. Simpson, 1309 Grant St., #206, Denver, CO 80203
Fort Austin Limited d/b/a Parkplace, 111 Westwood Pl., #402, Brentwood, TN 37027
Parkplace, 111 Emerson St., Denver, CO 80218
Reliance National Indemnity, P. O. Box 261218, Littleton, CO 80163-6010
Pam deSantis, Gallagher Bassett Services, Inc., 7935 E. Prentice Ave., #305, Englewood, CO 80111
Anne Smith Myers, Esq., 3900 E. Mexico Ave., #1000, Denver, CO 80210 (For Respondents)
BY: A. Pendroy