CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Dawn Sullivan
Indexed as: (Re) 1603-02702
ORDER
Introduction
1The Applicant brings forth this claim for pain and suffering in regards to an incident that occurred on [date], 2010 in which she was hit on the head with a hammer by a stranger (the Offender) as she was walking down the street. The Offender was convicted of aggravated assault and assault with weapon.
Issue
2The CICB must determine the extent of the Applicant’s injuries and the appropriate level of compensation.
Analysis and Decision
3The fact the Offender was convicted is conclusive evidence the crime of violence was committed.
4According, I find the Applicant is a victim within the meaning of section 5(a) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24 (the “Act”) as a result of a crime of violence perpetrated by the Offender on [date], 2010.
5In assessing compensation for pain and suffering, I have considered the injuries sustained along with the medical documentation on file. The Applicant sought immediate treatment at the emergency department where she received three sutures to the laceration to her head. The Applicant sustained a painful lump to her head and experienced pain and soreness which prevented her from being able to wear a bicycle helmet. As a result of not being able to wear a helmet, the Applicant was unable to commute to work by bike. The Applicant experiences ongoing headaches and ringing in her ears. While an MRI did not reveal any abnormalities, a hearing test revealed some hearing loss possibly attributable to the assault.
6I was mindful of the profound impact this incident has had, and continues to have upon the Applicant’s sense of personal safety, ability to trust, health, productivity, and overall well-being. The Applicant describes being easily triggered by intrusive thoughts of the assault when she is near the location of the crime. She has struggled with fatigue, insomnia, depression, and anxiety and has been prescribed medication to help manage her symptoms.
7I have also considered the nature of the incident in that it was an unprovoked assault by a stranger wielding an improvised weapon. Having considered these factors, the CICB awards the Applicant $5,000.00 in pain and suffering.
Award
8The CICB now orders payment as follows:
Section 7(1)(d) Pain and Suffering $5,000.00
TOTAL ORDERED AT THIS HEARING: $5,000.00
Payment
9THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 31^st^ day of January, 2017.
Dawn Sullivan, Member