CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1610-00239
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, R.S.O. 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], 2014 where he sustained physical/psychological injuries. The incidents were reported to the Police and resulted in charges of assault peace officer CCC 270(1), assault with a weapon CCC 267(a) and dangerous operation of a motor vehicle causing bodily harm CCC 249(3). The Offender was convicted of dangerous operation of a motor vehicle causing bodily harm CCC 249(3) and assault peace officer CCC 270(1) and was sentenced to 5 month conditional sentence and 1 year probation, 2 year driving prohibition.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $10,000.00 for the reasons set out below.
ISSUES
3The Applicant must prove, on a balance of probabilities, that his 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 his dependent or against such person's property, or assisting a peace officer in executing his 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, Hospital Records from [Name] Health Sciences Centre dated [date], 2017, Medical Report from his Family Physician dated [date], 2017, Physiotherapy Report dated [date], 2017, Therapy Reports from his Therapist dated [date], 2017 and a Victim Impact Statement.
Statement from the Applicant
6On [date] 2014, the Applicant was performing community service in the area of the incident when he observed the Offender operating a motorized snow vehicle in the public roadway and he directed the Offender to stop by activating his police emergency lights. The Offender stopped and while speaking with him, the Applicant recognised the Offender as a person whose license had been previously suspended. He asked the Offender to disembark but the Offender refused to comply and started to drive away. The Applicant grabbed the handle bar of the snow mobile and in doing so his jacket got caught in the handle bar and he was dragged for a distance by the Offender on the snow mobile.
7The Applicant managed to stop the vehicle and arrested the Offender on charges of assault with a weapon and dangerous driving.
8The Applicant was taken to [Name] Hospital where he received treatment for internal injuries such as pulled and strained muscle. The Hospital Report notes that the Applicant was experiencing severe pain in the chest, shoulder, arm and hand, right and left knee when he was admitted to the Hospital. He was treated with medication for shoulder strain.
Orthopaedic Surgeon
9The Applicant was referred to the Surgical Speciality Clinic at the [Name] Health Sciences Centre. He had a surgery for left shoulder, arthroscopic decompression rotator cuff repair, aromioplasty and biceps tenodesis and the right shoulder was operated on later.
10The Report states that in addition to some physical limitations he has some residual psychological issues which are the primary reason he feels is keeping him out of work. The Doctor had recommended restrictions in place for another 3 months for the left shoulder including no heavy lifting or carrying, pushing or pulling, above chest level work, repetitive use of arm away from the body.
11The Report states that prognosis for the right shoulder is noted to have reached the maximum medical recovery and the left shoulder has partially recovered and minimal further recovery is anticipated. The Applicant was asked to continue with the restrictions imposed by the Doctor.
Physiotherapy Report
12The Applicant attended physiotherapy sessions from [date], 2015 to [date], 2016 two to three times a week. These treatments were to continue as directed by the surgeon. The Physiotherapist considers the impairment of both shoulders to be permanent affecting functional tolerance such as pushing, pulling and lifting.
Therapy Report
13The Therapist notes that as result of this critical incident the Applicant was diagnosed with PTSD and depression. She states that the Applicant experiences constant pain and this combined with the psychological issues has significantly undermined his quality of life and has also limited his ability to engage in many activities of daily living. He had also socially isolated himself. Prognosis is reported to be guarded for the psychological condition. The Therapist also states the ongoing physical recovery would have a positive impact in terms of the PTSD and depression. His physical and psychological condition contributed to his marital separation.
Victim Impact Statement
14The Applicant states that his life has changed since the incident and has spiraled down. He states that he has been dealing with severe depression, anxiety, stress, nightmares and sleep disturbances. It has also impacted his marriage, his activities of daily living, and his social life.
15He is also embarrassed due to what is known as the "Popeye Affect" since his shoulders had to be pulled upwards. In conclusion he states:
I guess to sum it up this incident has caused me a great deal of mental physical and financial difficulties. Every day is a battle for me just to get out of bed and try to cope with everyday living. I feel that people look at me differently like I am broken.
To go through what I've gone through and deal with for the past 2 1/2 years, everything I have lost and suffered through it's hard to understand especially me being in the law-enforcement, the accused had only received five months house arrest for his actions.
ANALYSIS AND DECISION
16For the following reasons the CICB grants the Application.
17The CICB finds the Applicant to be a victim within the meaning of subsection 5(b) of the Act. Based 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 him to suffer physical injuries to his shoulders requiring several surgeries, physiotherapy treatments, psychological impact including PTSD, depression, anxiety, social isolation, marriage breakup, inability to enjoy the things he used to before and financial loss.
18In assessing pain and suffering the CICB has considered the unprovoked nature of the assault, the fact that the injury was sustained in the course of duty as a police officer when he was pursuit of the Offender and the impact on his employment and his life in general. Having considered these factors, the CICB assesses compensation for pain and suffering in the amount of $10,000.00 for pain and suffering.
AWARD
19The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD $10,000.00
PAYMENT
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
DATED at Toronto this 6th day of June, 2017.
Veda Rangan, Member