DEBRA L. JORGENSEN, Applicant
STATE OF WISCONSIN,
DEPARTMENT OF VETERANS AFFAIRS, Employer
STATE OF WISCONSIN,
DEPARTMENT OF ADMINISTRATION, Insurer
Pursuant to the timely petition for review filed in the above-captioned matter, the Commission has considered the petition and all relief requested. The Commission has reviewed the applicable records and evidence and finds that the administrative law judge's findings and order are supported thereby. The Commission therefore adopts the findings and order of the administrative law judge as its own.
NOW, THEREFORE, the Labor and Industry Review Commission does
That the findings and order of the administrative law judge are hereby affirmed.
Dated and mailed October 10, 1986
ND § 5.36
David A. Pearson, Chairman
Hugh C. Henderson, Commissioner
Carl W. Thompson, Commissioner
[Ed. Note: The findings and order of the administrative law judge, affirmed by the commission in this matter, were as follows: ]
Hearing was held in Appleton, Wisconsin on May 20, 1986.
APPEARANCES: Applicant, in person; Respondent did not appear.
Conceded were jurisdictional facts, a wage at the maximum due to the applicant's age, and a compensable injury arising out of the employment while performing services growing out of and incidental to that employment on February 16, 1982. The sole issue is the amount of compensation due the applicant for disfigurement sustained from that injury.
Upon this issue, the Administrative Law Judge makes the following
The applicant, date of birth May 5, 1959, has worked for the respondent from 1978 through the date of hearing. With the exception of an eight-month period, she has worked as its recreational therapy assistant. On February 16, 1982, she slipped on ice at the respondent's place of business and suffered an injury to her ankle. The injury necessitated three successive surgeries. As a result of the injury and the treatment for that injury, she now has three separate scars on her right ankle. On the inside of her ankle is an 8-inch scar; on the back of her ankle is a 5-inch scar; and on the outside of her ankle is a 4-inch scar. She is physically unable to flatten her right foot and as a result of that inability, must either wear a brace or an elevated heel. As a further result, she walks with a noticeable limp resulting from that injury.
The applicant is a high school graduate. In addition to her work for the respondent, he has previously worked as a dietary aide, a dishwasher, a bus person, a marketing secretary, and has modeled and sold clothing.
Each of the elements of disfigurement in this case, the scars she has, the brace she must wear, and the limp she has while walking are noticeable. Her past work experience and future work potential are generally in areas where the disfigurement suffered as a result of her injury will have an effect. The Administrative Law Judge concludes that her disfigurement will cause potential wage loss. Taking into account the applicant's age, education, prior work experience, previous earnings, likelihood of future suitable occupational change, and the appearance of the aggregate disfigurement, that being the scarring, the brace she wears and the pronounced limp, the Administrative Law Judge considers the sum of $10,000 to be just and suitable compensation for her disfigurement.
NOW, THEREFORE, this
Within ten days from date, the respondent shall pay to the applicant, Debra L. Jorgensen, the sum of Ten thousand dollars ($10,000). This order relates only to compensation under Section 102.56 of the Statutes.
Dated at Madison, Wisconsin, this 17th day of June A.D., 1986.
Roy L. Sass
Administrative Law Judge
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