AARON SACHSE, Applicant

RHODES INTL INC, Employer

LIBERTY MUTUAL INS CO, Insurer

An administrative law judge (ALJ) for the Worker's Compensation Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and order in that decision as its own.

The findings and order of the administrative law judge are affirmed.

Dated and mailed January 30, 2006
sachsaa . wsd : 175 : 8   ND § 5.36

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

The employer asserts in its petition for commission review that the administrative law judge's award of $25,000.00 for the applicant's disfigurement was excessive. The evidence indicates that the applicant suffered a work injury on November 11, 2003, when he amputated his right middle finger at the proximal joint when his hand became caught in a mixing machine. At the time of his work injury on November 11, 2003, the applicant was 23 years old. After returning to work for the employer the applicant was terminated on February 27, 2004.

The employer contends that the applicant's future work as a real estate appraiser once he finishes school does not involve contact with the general public, and there is a diminished capacity for the applicant's disfigurement to impact his potential wages in the future. Under Wis. Stat. § 102.56(1), if an employee is so permanently disfigured as to occasion potential wage loss, the employee is eligible for up to one years average annual earnings. There is no question in this case the applicant's disfigurement could cause a potential wage loss. The issue is the amount of the potential wage loss considering all of the factors in Wis. Stat. § 102.56(1).

The applicant testified he hoped to obtain employment as a real estate appraiser and broker. There was no testimony or evidence presented that a real estate appraiser and broker does not have public contact in which the applicant's amputation would be exposed in the normal course of employment. The administrative law judge appropriately noted the applicant's disfigurement to his right hand is involved in the job seeking process. In addition, the administrative law judge noted the applicant was 23 years old and thus could expect 40 more years of work life, and thus the likelihood of future suitable occupational change for the disfigurement which could have an adverse effect, not only approached a certainty, but there is the likelihood of a number of such changes. The commission agrees with the administrative law judge.

The evidence does not indicate the applicant has any current permanent employment but is seeking work without success. The applicant's work history has been in restaurants, construction work, and in production work with the employer. Based on a review of the photograph of the applicant's amputation, the commission finds that the disfigurement is highly noticeable. Given the applicant's young age of 23 at the time of the work injury, his lack of education, spotty job history and training, the likelihood of future suitable job change, the appearance of the disfigurement, its location and its exposure in occupations where is the applicant is suited, the administrative law judge appropriately awarded the applicant $25,000.00 for compensation for his disfigurement.

cc:
Attorney Peter L. Topczewski
Attorney Margaret Stafford

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