In re Claim of Nagle, 072420 COWC, 5-105-891

Docket Nº:W.C. 5-105-891
Case Date:July 24, 2020
Court:Colorado
 
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IN THE MATTER OF THE CLAIM OF: FLORENCE NAGLE, Claimant,
v.
CITY AND COUNTY OF DENVER, Employer,
and
SELF INSURED, Insurer, Respondents.
W.C. No. 5-105-891
Colorado Workers Compensation
Industrial Claim Appeals Office
July 24, 2020
          DOUGLAS FOGLER ESQ, (For Claimant)           CITY AND COUNTY OF DENVER, Attn: STEPHEN J ABBOT ESQ, C/O: OFFICE OF THE CITY ATTORNEY, (For Respondents)          FINAL ORDER          The respondent seeks review of an order of Administrative Law Judge Turnbow (ALJ) dated December 17, 2019, that awarded the claimant disfigurement benefits. We affirm.          This matter went to hearing on December 16, 2019, on the claimant’s application for disfigurement benefits under §8-42-108, C.R.S. The respondent appeared at the hearing.          After the hearing, the ALJ entered an order finding that as a result of the claimant’s February 14 2019, work injury, she suffered a visible disfigurement to the body consisting of a two-and-a-half inch slightly discolored and irregular scar on the outside of her left ankle, and two arthroscopic scars on the top of her left foot at the ankle. The ALJ further held that the claimant’s left ankle is slightly swollen compared to her right ankle, and the claimant walks with a mild limp. The ALJ determined that the claimant sustained a serious permanent disfigurement to areas of the body normally exposed to public view and ordered the respondent to pay the claimant $2,500 for her disfigurement.          The respondent has filed a petition to review the ALJ’s order.          On appeal, the respondent argues that the ALJ erred in awarding the claimant disfigurement benefits for walking with a limp. The respondent reasons that the ALJ’s finding in this regard is not supported by the evidence. The respondent points to the following oral statements made by the ALJ during the disfigurement hearing: “I’m not . . . I’m not really noticing a limp. . . Maybe, um, yeah. . . I’m not able to really see an appreciable limp.” We perceive no reversible error.          Pursuant to §8-42-108, C.R.S., disfigurement benefits are provided when the claimant...

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