Decision  Mark Patnaude v. Department of Corrections

Date:	08/01/2012
Organization:	Department of Industrial Accidents
Docket Number:	DIA Board No. 015624-09
Location:	Boston

• Employee: Mark Patnaude
• Employer: Department of Corrections
• Self Insurer: Commonwealth of Massachusetts

KOZIOL, J. The employee’s appeal requires us to determine what formula should be used to calculate a proper and equitable award for non-scar based, slight disfigurement of the fifth finger of the employee’s major hand pursuant to § 36(1)(k).¹ The judge used a formula proposed by the self-insurer, which resulted in the employee receiving a disfigurement award of $355.31. The employee argues that the judge erred in using that formula, and should have used the formula he proposed, which would have resulted in an award of $7,106.26. We agree the judge erred in using the formula proposed by the self-insurer; however, we do not agree that the formula proposed by the employee is proper either. For the reasons that follow, we vacate the award and order the self-insurer to pay the employee $2,416.13 for his non-scar based, slight disfigurement of the fifth finger (digit) of his major hand.

¹ General Laws c. 152, § 36(1)(k), provides, in pertinent part:

For bodily disfigurement, an amount which, according to the decision 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.