CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1611-00623
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking, pain and suffering as a result of physical assault that occurred on [date] 2015 where she sustained physical/psychological injuries. The incidents were reported to the Police and resulted in the Offender being found guilty of one count of assault peace officer. The Offender was sentenced to conditional discharge, 12 months’ probation, 5 years s.110 prohibition, 30 hours of community social work.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $4,000.00 for the reasons set out below.
ISSUES
3The Applicant must prove, on a balance of probabilities, that her injuries are the result of lawfully arresting or attempting to arrest an offender or suspected offender of an offence against a person other than the Applicant or her dependent or against such person’s property, or assisting a peace officer in executing his/her law enforcement duties.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report dated [date] 2017 and 3 Hospital Records all dated [date] 2017 from [Name] Hospital, Medical Report dated [date], 2017 from [Name] her Family Physician, Report from [Name] Chiropractic Services dated [date] 2017.
Police Report
6The Report states that the Offender was apprehended under the Mental Health Act section 17 by Police Officers at the [location] and was then taken to the Hospital. While at the Hospital the Offender continued to exhibit strong fluctuations in behaviour. While at the Hospital the Offender became agitated and physically aggressive. In the process she assaulted the Applicant by grabbing her arm and pushing her down on to the floor. She fell on her back and cracked her head against the wall and lost consciousness for a short period of time. The Offender was handcuffed once again and was placed under the medical care of Dr. [Name].
7The Applicant was instructed to remain in bed for 2 days as she had a concussion. The Offender was charged with two counts of assault police contrary to section 270 of the Criminal Code. She was issued a Form 9 release form for the two offences.
Hospital Report
8The Hospital Report makes reference to several radiological tests with no diagnosis of any serious injury to the brain. However the Report states that the as a result of the fall she had sustained concussion and experienced post-concussion syndrome. She was off work for 20 days and experienced headaches that had increased and frequency. The Report states she has loss of appetite, slightly blurred vision with reading fine details and difficulty with concentration.
Report from Family Physician
9The Applicant has been the Family Physician’s patient for six months. In her report the Doctor states that the Applicant had concussion as a result of fall when she was assaulted The Applicant underwent physiotherapy, chiropractic treatments, was prescribed medications for pain and headaches, and was recommended modified duties. Prognosis is reported to be good. Period of absent from work is noted to be from [date] 2015 to [date] 2015.
Chiropractic Report
10The Applicant was treated for head and neck pain through specific chiropractic adjustment, mainly to upper neck. She was instructed to follow stretching exercises. In conclusion the Report states that the Applicant had progressed well and was largely symptom free although she experiences headaches periodically.
Additional Information from the Applicant dated May 4, 2017
11In the letter the Applicant states that she continues to feel the residual effect of the assault on her. She experience migraine attacks for several months after the assault on her. She was finally found fit to return to work. However she continues to experience headaches at least 4 days a month and manages to control the episodes with medication. The pain on the right side is being managed with massage and chiropractic treatments.
ANALYSIS AND DECISION
12For the following reasons the CICB grants the Application.
13The Applicant, [Name] Regional Police Officer, was assaulted when she was in the lawful execution of her duty while making an apprehension under the mental health act and delivering the Offender to [Name] Hospital.
14Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of an assault which caused her to suffer physical injury including concussion, neck and back pain, and frequent headaches. These symptoms required medical attention and absence from work. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(b) of the Act in connection with the robbery at her family’s store.
15In assessing pain and suffering the CICB has considered the unprovoked nature of the attack, the injuries she had sustained, and the type of treatment required. This injury was sustained in the course of her duty as a as a police officer when she trying to subdue the Offender. Having considered these factors, the CICB assesses compensation for pain and suffering in the amount of $ 4,000.00.
AWARD
16The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $4,000.00
Payment
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto this 2nd day of June, 2017
Veda Rangan, Member