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).

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