Shining Scars & a Pocket Dictionary: Del. IAB Awards a Staggering 427 Weeks for Disfigurement

I heard about this one courtesy of Mr. Brady as he was dipping out my Black Bean Sirloin Chili at last week’s Holland Inn of Court.  Turns out he also likes cornbread and between compliments on my culinary skills, he wanted to make sure I was aware of our case du jour, Heather Stevens v. Sam’s Club, IAB Hr’g No. 1359671 (Sept. 24, 2014).   And trust me, this case is no sleeper…(wink, wink!)

So let’s permit Walt Schmittinger to tell it:

I’m embarrassed and suitably chastened that I had to be asked by the Queen of Caselaw to provide the attached case for the Detour & Frolic.  In my defense, it’s a disfigurement case involving very unusual burn scars — I thought about whether it was blog-worthy when it came in, and decided that it didn’t have much precedential value due to the unusual nature of the scarring.  It’s not easy to compare this to other disfigurements, or even other burn cases, because you really don’t have a sense of the specifics even from the extensive description by the Board.  Settlement discussions in this case were difficult (i.e., the parties were very far apart), for exactly this reason. The photos didn’t even fully capture the appearance and extent of the disfigurements.  Both parties were aware of the Mims case (covered in the blog on 2/24/14), which on its face describes burns that could be similar to those described by the Board in Stevens.  The Board’s decision, however, clearly signals that these disfigurements were substantially different than those in Mims.  I’ll also say that I remain impressed by Ms. Stevens, a young woman who tolerated a very uncomfortable and embarrassing scrutiny and cataloging of her extensive scarring (while wearing a bathing suit, no less) with more grace and poise than anyone had a right to expect.

I suppose if there’s any lesson to be learned it’s that for scars that are not of the ‘run of the mill surgical scar’ type, there’s really no good way to compare to other cases, even with the benefit of descriptions provided in Board decisions. They are harder to settle with any confidence that you’re making a good decision in advising your client, and I’m probably more likely to take such cases to a hearing.  

Respectfully submitted in the hope that I can remain in the good graces of the Queen of Caselaw . . . .

I love being called “Queen of Caselaw” by the way. What you will love about this case is there are twenty different disfigurements detailed with a specific award outlined for each one.  This case is in some respects the equivalent of having a pocket dictionary of scars.  How cool is that?   This was authored by our relatively new “Slower Lower” Hearing Officer, Heather Williams……..nothing slow about the issuance of this one!

Irreverently yours,

Cassandra Roberts