Allen P. Stanfield v. City of Hampton Fire & Rescue , 31 Va. App. 240 ( 1999 )

COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Fitzpatrick, Judges Willis and Annunziata
Argued at Chesapeake, Virginia
ALLEN P. STANFIELD
OPINION BY
v. Record No. 0834-99-1 JUDGE JERE M. H. WILLIS, JR.
DECEMBER 28, 1999
CITY OF HAMPTON FIRE & RESCUE
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Karen M. Rye (Kenneth J. Coughlan; Law Office
of Karen M. Rye, on brief), for appellant.
Joyce A. Melvin-Jones, Deputy City Attorney,
for appellee.
Allen P. Stanfield contends that the Workers' Compensation
Commission erred in denying his claim for permanent partial
disability benefits based upon its finding that he had not
reached maximum medical improvement. Finding no error, we
affirm the commission's judgment.
On February 19, 1998, Stanfield, a firefighter, was injured
when a hose coupling struck him in the face, knocking out his
lower four front teeth. The City of Hampton, his employer,
accepted the injury as compensable. On April 13, 1998, the
commission awarded Stanfield lifetime medical benefits for
treatment related to the compensable injury.
Stanfield sought permanent partial disability benefits for
the loss of his teeth, under Code § 65.2-503(B), which provides
a schedule of benefits for the loss of specific body parts.
This schedule does not include teeth. However, Code
§ 65.2-503(B)(16) provides compensation for
[s]everely marked disfigurement of the body
resulting from an injury not otherwise
compensated by this section.
Id. Stanfield sought compensation under this subsection.
Finding that Stanfield's loss of teeth did not constitute a
"severely marked disfigurement that is conspicuous or
noticeable," see Hall v. Newport News Shipbuilding and Dry Dock
Co., 68 O.I.C. 154 (1989), the deputy commissioner denied
compensation. On review, the full commission held that because
Stanfield's projected dental surgery had not been completed, the
character and extent of any disfigurement suffered by him could
not be ascertained, that he had therefore not reached maximum
medical improvement, and that his claim was not ripe for
decision. The record supports that holding.
At the time of the hearing, Stanfield was wearing a
temporary partial denture. He was scheduled to receive four
permanent implants in his jawbone to replace the lost teeth,
followed by four crowns to complete the restoration. Once the
dental surgery was complete, Stanfield would have a permanent
replacement for the four missing teeth.
Stanfield contends that he reached maximum medical
improvement when his wounds healed and that the full commission
- 2 -
erred in failing to award benefits based on his appearance
before the implants. We disagree.
The loss of teeth is not equivalent to the loss of a
scheduled member. The legislature determined that certain
dismemberments, by their very nature, require compensation.
These dismemberments are separately enumerated within Code
§ 65.2-503(B). Teeth are not included. Stanfield's entitlement
to compensation under Code § 65.2-503(B) is based exclusively on
permanent disfigurement. His disfigurement may be enhanced,
diminished, or completely erased by the implants.
Stanfield will not reach maximum medical improvement until
his dental procedures are complete. We affirm the commission's
judgment.
Affirmed.
- 3 -