FRANK SPENCE JR, Applicant

POJA HEATING & SHEET METAL COMPANY INC, Employer

EMPLOYERS INSURANCE OF WAUSAU, Insurer

Pursuant to the timely petition for review filed by the applicant 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 January 20, 1994
ND § 5.36

Pamela I. Anderson, Chairman

Richard T. Kreul, Commissioner

James R. Meier, Commissioner

The applicant asserts in his petition for commission review that the administrative law judge erred in dismissing his claim for disfigurement pursuant to section 102.56, Stats. The applicant points to the fact that as a result of his work injury he was required to wear an orthopedic boot with brace which he must wear continually, and that together with a severely pronounced limp amounted to disfigurement which should be compensable under the statute. However, the administrative law judge appropriately noted that historically, disfigurement has meant injuries which resulted in amputations, scarring and burns. The applicant's scarring and swelling to his right ankle are only observable when the applicant removes his shoe and sock. The fact that the applicant is required to wear a boot with a brace and walks with a limp does not fall within the definition of disfigurement under the Act. The administrative law judge appropriately noted that the limp is a consequence of the injury and surgical repair for which the applicant was compensated pursuant to section 102.52 (12), Stats., and Ind 80.32 (5) of the Wis. Adm. Code. Based on the evidence in the record, the administrative law judge appropriately dismissed the applicant's claim for disfigurement pursuant to section 102.56, Stats.

[Note: The commission stated in Graham v. County of Dane (LIRC, Jan. 12, 2006), that the Spence decision was 'reversed'.]

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