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...
