Tuesday, October 14, 2014

Disfigurement Benefits - Law of Office O'Toole & Sbarbaro, P.C.

From the archives of the Law Office of O'Toole & Sbarbaro, P.C.

Disfigurement benefits are provided for in § 8-42-108, C.R.S. Section 8-42-108(1), C.R.S. permits an Administrative Law Judge (“ALJ”) to award disfigurement benefits up to a maximum of $4,673.47 if the claimant is “seriously, permanently disfigured about the head, face or parts of the body normally exposed to public view. . . .” The ALJ may award up to $9,345.38 for “extensive facial scars” and other conditions expressly provided for in § 8-42-108(2), C.R.S. These awards are subject to annual adjustment’s on July 1st the Director of the Division of Workers’ Compensation pursuant to § 8-42-108(3). C.R.S. Disfigurement benefits are awarded for the “observable impairment of the natural appearance of a person.” Arkin v. Industrial Commission, supra. The ALJ is afforded great discretion when determining the amount of compensation to be awarded for disfigurement. Section 8-42-108, C.R.S. The ALJ views the disfigurement and is in the best position to assess what amount is appropriate. An ALJ’s determination regarding the amount of the disfigurement award, in the absence of an abuse of discretion, cannot be successfully challenged. An ALJ only abuses his discretion if the order “exceeds the bounds of reason.” Rosenberg v. Board of Education of School District #1, 710 P.2d 1095 (Colo. 1985).

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

Privacy Policy