Re 1603-02962, 2017 ONCICB 11

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Dawn Sullivan Date: January 31, 2017 Indexed as: (Re) 1603-02962

ORDER

Introduction

1The Applicant brings forth this claim for pain and suffering and expenses in regards to an incident that occurred on [date], 2015 in which he was physically assaulted by the Offender. The Offender was convicted of assault peace officer in connection to this matter.

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. According, 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.

4Documentation on file indicates that the Applicant was in the course and scope of his duties as a Police Officer when he was called by a By-law Officer to assist in attending the Offender’s residence in response to a noise complaint. The Offender was observed to be highly intoxicated and was belligerent and argumentative. He refused to provide identification to the Applicant. The Offender’s wife reached over the Offender’s shoulder to provide police with her husband’s identification. The Offender then lunged at the By-law Officer and struck her under the chin. The Applicant intervened by grabbing onto the Offender’s arms and was punched in the face. The struggle continued into the hallway where the Applicant was able to arrest the Offender for assaulting a peace officer.

5In assessing compensation for pain and suffering, I have considered the injuries sustained along with the medical documentation on file. The Applicant sustained a mildly displaced fracture involving base of fifth metacarpal. He was placed in a cast from the left hand to the elbow for approximately 8 weeks. He then had to wear a temporary brace for an additional two weeks. The Applicant had a number of medical appointments to the Fracture Clinic as well as occupational therapy. The Applicant describes the recovery process as slow and painful, requiring pain medication to assist with sleep and comfort. He struggled with feelings of frustration and depression as a result of his physical limitations. He was unable to care for himself or enjoy many of the recreational activities he enjoyed prior to the incident. He was unable to go to the gym and gained weight as a result. The Applicant indicates that as a result of the injury, he missed out on his yearly vacation in January.

6I have also considered the nature of the incident, in that the Applicant was assaulted and injured while carrying out his duties as a Police Officer. Having considered these factors, the CICB awards the Applicant $4,000.00 in pain and suffering.

7The Applicant has submitted a number of receipts of parking at the Hospital. It is the CICB’s practice to only consider travel to treatment costs when an applicant is required to travel more than 40 kilometres each way (80 kilometres round trip) outside of his city of residence for treatment. The CICB finds no compelling reason to deviate from that practice under the circumstances. Since the Applicant was not required to travel more than 40 kilometres each way for his treatment, these expenses are denied.

8I have considered the Applicant’s request for reimbursement of a work note from his doctor and loss of monies paid for hockey. The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses). Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to these costs.

9With respect to the Applicant’s claim for reimbursement for massage therapy performed on [date], 2016 and [date], 2016, the CICB generally requires a report from the massage therapist in order to confirm the nature of the treatment and that said treatment related directly to the injury. The CICB has not been provided with a report from [Name]. In the absence of such report, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for massage therapy.

Award

10The CICB now orders payment as follows:

Section 7(1)(d) Pain and Suffering $4,000.00

TOTAL ORDERED AT THIS HEARING: $4,000.00

Payment

11THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00