Re 1606-03947, 2017 ONCICB 147472

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Dawn Sullivan

Date: March 06, 2017

Indexed as: (Re) 1606-03947

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (“CICB”) to compensate him for injuries resulting from a crime of violence perpetrated by the Offender on [date], 2011 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant seeks compensation for pain and suffering, loss of income, and future expenses.

Issue

2The CICB must determine the extent of the Applicant’s injuries and the appropriate level of compensation.

Analysis and Decision

3Documentary evidence on file indicates that on [date], 2011, the Offender approached the Applicant and suddenly head-butted him without provocation. The Offender was convicted of Assault Cause Bodily Harm.

4The fact the Offender has been convicted of a crime of violence is conclusive evidence the event occurred. Having considered the documentary evidence on file regarding the Applicant’s injuries, I find that he is a victim within the meaning of section 5(a) of the Act.

5In assessing compensation for pain and suffering, I considered the nature of the incident and the injuries sustained. The Applicant sustained a nasal fracture and deviation of the nasal bridge towards the left. Medical records indicate the Applicant had undergone a revision septorhinoplasty by Dr. [Name] prior to the incident which forms the basis of this claim. On [date], 2011, the Applicant underwent a close reduction with reportedly satisfactory realignment of the nasal bridge. He was placed in a cast for approximately one week and given Tylenol 3 for pain management. The Applicant hasn’t provided any details surrounding any ongoing physical issues or emotional impact. Nevertheless, I took into consideration the emotional impact such an incident would have inherently had upon the Applicant. Having considered the factors, the CICB awards the Applicant $4,000.00 in pain and suffering.

6The Applicant has indicated in his claim application that he incurred expenses in connection to having to travel back and forth between [City] and [City]. No dates of treatment were provided and no documentation has been provided to the CICB to assess the reasonableness of the claim. Accordingly, I deny the Applicant’s request for travel to treatment costs.

7With respect to the Applicant’s claim for income loss, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or Income Tax records and medical confirmation of disability) in order to verify an applicant’s employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed, and to confirm the period of disability. In the absence of such documentation, and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the applicant has failed to establish his claim for income loss and the claim in that regard is hereby denied.

Award

8The CICB now orders payment as follows:

Section 7(1)(d) Pain and Suffering $4,000.00

TOTAL ORDERED AT THIS HEARING: $4,000.00

Payment

9THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00