CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Dawn Sullivan
Indexed as: (Re) 1606-03734
ORDER
Introduction
1The Applicant brings forth this claim for pain and suffering in regards to an incident that occurred on [date], 2014 in which she was physically assaulted by the Offender. The Offender has been convicted of assault with a weapon in connection to this incident.
Issue
2The CICB must determine the extent of the Applicant’s injuries and the appropriate level of compensation.
Analysis and Decision
3Documentation on file indicates that on [date], 2014, the Applicant was physically assaulted by a fellow exotic dancer while the two were working at the club. The Offender struck the Applicant multiple times in the head and face with a stiletto heel and continued to assault the Applicant after she had fallen to the ground. The 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 on [date], 2014.
4In assessing compensation for pain and suffering, I have considered the injuries sustained along with the medical documentation on file. The Applicant sustained a deep laceration to her face above left eye requiring sutures and bruising to her forearm and base of her neck. She has been left with a permanent scar to her face as a result of her injuries. She struggled with post concussive symptoms for several months following the assault, including nausea, dizziness, fatigue and headaches.
5I 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, productivity, and overall well-being. The Applicant indicates that since the incident, she is wary of strangers and struggles with anxiety, fear, and hypervigilance. I have also considered the nature of the incident, in that the Applicant was assaulted with an improvised weapon, and the impact the injuries had upon the Applicant’s ability to continue working as an exotic dancer. Having considered these factors, the CICB awards the Applicant $5,000.00 in pain and suffering.
Award
6The 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
7THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 31st day of January, 2017.
Dawn Sullivan, Member