Decision  Daniel Focht v. Springfield Falcons c/o Phoenix Coyotes

Date:	04/04/2006
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board Nos. 072876-01, 037811-02
Location:	Boston

• Employee: Daniel Focht
• Employer: Springfield Falcons c/o Phoenix Coyotes
• Insurer: Federal Insurance Company

CARROLL, J. The question presented by the insurer's appeal of this hearing decision is whether the specific compensation provisions for bodily disfigurement, G. L. c. 152, § 36(1)(k), apply to separate injuries, or allow for just a single lifetime recovery of up to $15,000 per employee? ¹ The administrative judge concluded that a professional hockey player who claimed § 36(1)(k) compensation for facial scarring for more than one incident was entitled to separate compensation for each event amounting to a greater sum than $15,000. We agree with the judge that the $15,000 maximum in § 36(1)(k) is a per-injury cap, and affirm the decision.

¹ General Laws c. 152, § 36(1)(k), provides compensation to the employee:

For bodily disfigurement, an amount which, according to the determination of the member or reviewing board, is a proper and equitable compensation, not to exceed fifteen thousand dollars; which sum shall be payable in addition to all other sums due under this section. No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.