Re 1610-00298, 2017 ONCICB 145

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Kabir Ravindra
Date: June 08, 2017
Indexed as: (Re) 1610-00298

ORDER

Introduction

1The claim arises out of an incident in which you were injured by an inmate at work. The Offender was charged and convicted of assault.

Decision

2For the reasons set out below, the Criminal Injuries Compensation Board (CICB) approves the claim and recognizes your pain and suffering with an award of $2,000.00.

Issues

3As the CICB was provided with the conviction record, you did not need to prove that the incident took place. The purpose of this discussion and decision is to consider the circumstances of the event and its impact on you, in order to assess appropriate compensation within the CICB’s mandate.

Analysis

4The file materials disclose that you were returning the Offender to his cell on the date of the incident, when he attempted to strike you, grabbed your shirt and struggled with you. You got his arm free to push a button for assistance. With the assistance of two other officers, you were able to subdue him and gain more control to push the Offender into his cell while the Offender continued to struggle against you. One witness noted that the Offender tried to throw a punch towards you but missed.

5You have indicated that you could feel the middle finger of your right hand start to swell and become painful almost immediately after the incident. The Hospital Records confirm that you suffered an avulsion fracture to the middle finger on your right hand. You experienced considerable swelling, and a volar plate injury. This was splinted. It was recommended that you take light duties for at least five weeks. The records confirm the improvement over this period and a return to functional activities. You indicate in the application that you had some difficulty with daily tasks, including snow removal, grip strength, and assisting your wife (who has MS) and five-year old son.

6In light of the conviction, and noting the confirmation of your injuries in the medical records, the CICB finds that you were a victim of a crime of violence, as set out in section 5(a) of the Act. The CICB accepts that this injury has impacted you in the way that you described.

7The CICB does its utmost to ensure consistency of its decisions, regardless of which CICB member considers the claim, or if it is heard by one or two CICB members. In light of what took place and how it has impacted you, the CICB finds it would be consistent and within its mandate to award $2,000.00 towards your pain and suffering.

8The Workers Safety and Insurance Board (‘WSIB’) report confirms that your loss of earnings totaled $853.19, which that agency covered, and you are not being considered for a non-economic loss benefit.

Award

9The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $2,000.00

TOTAL AWARD $2,000.00

10The 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

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

The Applicant $2,000.00