LYLE DEQUAINE, Applicant

MORNING GLORY FARMS, 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 April 7, 1992
ND § 5.36

Pamela I. Anderson, Chairman

Richard T. Kreul, Commissioner

James R. Meier, Commissioner

The applicant contends that there is no basis for awarding compensation in a disfigurement claim in anything other than a lump sum payment. However, a close reading of the pertinent statutory provisions indicates that the legislature intended that compensation for disfigurement claims be made in periodic payments. Section 102.44 (3), Stats., states that for permanent partial disability not covered by sections 102.52 to 102.56, the aggregate number of weeks of indemnity shall bear such relation to 1000 weeks as the nature of the injury bears to one causing permanent total disability. The statute clearly indicates that section 102.56 provides coverage for permanent disability. In addition, the language in section 102.56, Stats., specifically refers to compensation for "permanent" disfigurement. Since section 102.56 provides for compensation for permanent disability, it is subject to section 102.32 (6), Stats., which provides that where compensation is due for permanent disability, payments shall be made to the employe or a dependent on a monthly basis. Pursuant to the provisions of section 102.32 (6), Stats., the Administrative Law Judge appropriately awarded compensation payable on a monthly basis for the applicant's claim for permanent disfigurement.

cc:
John B. Edmondson, Attorney
Straub & Schuch

Anthony Welhouse, Attorney
Gillick, Murphy, Wicht & Prachthauser

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