CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1602-02532
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2014, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of assault, perpetrated by the Offender. The Applicant is also seeking reimbursement for loss of income/wages, chiropractic treatment, doctor’s note, rent and travel to treatment costs.
2The Offender pled guilty on [date], 2015 to assaulting the Applicant and was given a suspended sentence and 12 months’ discretionary prohibition order and a section 110 CCC for 10 years.
3One Alleged Offender was charged with assaulting the Applicant, trespassed at night and resisting arrest. Her charges were withdrawn as a result of entering an adult diversion program. The other four Alleged Offenders were never caught and remain at large.
Decision
4The CICB approves compensation to the Applicant in the amount of $5,000.00 for pain and suffering, $183.00 for chiropractic treatment and $25.00 for a doctor’s report for the reasons set out below.
Issues
5In this case, with respect to section 5(a) of the Act, there is no question that the Applicant was a victim of a crime of violence as proven through the conviction described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount;
The CICB must determine whether the claim for loss of income/wages, chiropractic treatment, doctor’s note, rent and travel to treatment costs is supported.
Evidence
The Applicant’s Evidence
6The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Police Services correspondences to the CICB.
7The Applicant and the Offender are not known to each other. On [date], 2014 at 12:58 a.m. a citizen contacted the [Name] Police Service to report a noise complaint at a large student party occurring at [address] in [City]. The Applicant rented a room at this address and was at home at the time listening to music.
8The Applicant's roommates were also at home having a party. Police investigation showed that approximately 1:00 a.m. the Offender, Alleged Offender and four unknown Alleged Offenders, were at the Applicant's bedroom door and were attempting to kick the door open. The Applicant attended to the door and asked the group what they wanted, asking them to leave the residence. One of the Alleged Offender responded by punching the Applicant in his face. The Applicant then pushed the Alleged Offender back in an effort to defend himself. As a result, the Offender, the Alleged Offender and the unknown Alleged Offenders viciously attacked the Applicant punching and kicking him multiple times.
9Other occupants in the residence heard the commotion and immediately attended the Applicant’s bedroom. The entire incident was observed by an eye witness who gave the Police a full statement.
10Police officers from the [Name] Police Service arrived on the scene at 1:04 a.m. and were informed by the occupants of the house that the Offender, the Alleged Offender and the four unknown Alleged Offenders were hiding out at the rear of the premises, behind a wooden fence. This information led to the arrest of the Offender and the Alleged Offender.
11The Applicant also provided the CICB with various documents in support of his claim.
12The CICB was in receipt of a medical report from the Applicant’s Family Physician who noted that the Applicant presented with multiple soft tissue injuries, to left shoulder, back, head and face.
13The CICB was also in receipt of a Chiropractor’s report from Dr. [Name] who noted that the Applicant suffered from left shoulder injury, neck pain with radiating pain into left arm, upper back torso and restriction. She also noted that a full recovery was expected in 6-8 weeks.
14The CICB was also in receipt of a Therapy Report from [Name], a Social Worker who saw the Applicant for 15 sessions of therapy paid by VQRP. She noted the Applicant exhibited the following psychological symptoms: sleep difficulties; increased startle response; vivid flashbacks of the incident; dream/nightmare about the traumatic event; physiological reaction; avoidance of reminders, difficulties concentrating at times, irritable and angry outburst.
15The CICB was in receipt of a support letter from the Applicant's mother [Name] dated March 17, 2017.
Injuries: Physical
16The Applicant noted the following injuries in his Application to the CICB:
Severe bruising to face, eyes and ears;
Scratches and bruising to back;
Is unable to lift heavy equipment; and
Have internal injuries.
Psychological/Emotional
Emotionally stressed;
Afraid to return to his residence;
Afraid of the perpetrators;
Not sleeping well during the nights;
Flashbacks; and
Angry
Analysis
17Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault, committed on [date], 2014, in [City].
18Having considered the evidence presented in the Applicant’s Application and the Police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries as a result of crimes of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
19The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s physical and ongoing psychological injuries.
20In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the police synopsis as well as the medical reports on file. The CICB was mindful of the circumstances of this incident and the physical and psychological injuries suffered by the Applicant and considered the following aggravated facts:
That the Applicant was attacked in his own home by strangers;
That the Applicant suffered both physical and psychological injuries;
That the Applicant required medical attention for his injuries;
The associated period of recovery; and
The considerable impact the incident has had on the Applicant’s health, relationship and general and emotional state.
21Having considered these factors, the CICB awards the Applicant, $5,000.00 for pain and suffering.
22The CICB considered the Applicant’s claims in respect to a doctor’s note $25.00 and chiropractor treatment $183.00 costs, for which receipts were provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $208.00 for such costs.
23The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to moving or rental 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 moving or rental expenses costs.
24It 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/counselling sessions, these expenses are denied. The Applicant did not provide the CICB any confirmation or reasons for his trips.
25The CICB has considered the Applicant’s income loss claim. The period of disability is determined to be [date], 2014 to [date], 2014, a period of 3 weeks. On the first week the Applicant did not receive benefits. On the second and third week he received $748.00 STD benefits. Based on the Employer’s Report the Applicant’s average weekly net earning is $493.35. It is the CICB’s practice to reimburse income loss to a maximum of $250.00 per week or $50.00 per day, and having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB now awards $250.00 for the first week and $119.35 each for the second and third week, for a total of $488.70 award for income loss.
Award
26The CICB orders payment as follows:
Section 7(1) (a) chiropractic treatment $ 183.00
Section 7(1) (d) Pain and Suffering $5,000.00
Section 7(1) (b) Income Loss $ 488.70
Section 22 Cost: Doctor’s note $ 25.00
TOTAL AWARD (AND COSTS) $5,696.70
27The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
Payment
28THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,696.70
DATED at Toronto this 2nd day of June, 2017.
Keith Forde, Member