Funk v. Industrial Commission

OPINION

FIDEL, Judge.

In this review of an Industrial Commission award, we address one issue: Is any occupationally caused scar, no matter how slight, disfigurement within the meaning of Ariz.Rev.Stat.Ann. § 23-1044(B)(22) (Supp. 1990), or must a scar mar one’s appearance for that statute to apply?

I

In a work-related fall, claimant sustained facial lacerations that healed with at least one scar. Although the parties agree that the scar was insubstantial, claimant argues that it was not disfiguring, and the respondent employer and carrier argue the reverse. The battle takes this peculiar posture…