CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1701-00091
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] 2017 where he sustained physical injuries. The incidents were reported to the Police and resulted in conviction on charges of assault, assault peace officer and breach of probation.
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 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] General Hospital, Medical Report from specialist at [Name] Rehabilitation Clinic, WSIB Report dated [date] 2017.
Police Report
6In the report the Applicant, a Police Officer of [Name] Regional Police states that on [date] 2016 he responded to a call informing him that a 30 year old, 200 pounds, muscular built male had just assaulted a female in the [City]. On reaching the area of assault he spotted a man fitting the description provided to him. He told the male, the Offender, that he wished to speak to him. The Offender began running. The Applicant chased him and at one point the Offender stopped and squared off in a fighting position, lifting his arms with closed fists and began walking towards the Applicant.
7After a brief struggle, he grabbed the Applicant's vest and pulled it, snapping the right shoulder velcro off. At that point, another officer arrived and also began struggling with the Offender to bring him down to the ground. After applying physical control techniques in the shape of kicks, they were able to tackle the Offender to the ground and after another brief struggle on the ground they were able to control his arms and place the handcuffs on him.
8The Offender was placed on the back of the cruiser and transported to Central Division to be held for a show cause for the offences of: assault, assault peace officer and breach probation.
9As the Offender had recent charges for breach recognizance and was bound by numerous probation orders and a recent recognizance it was deemed necessary to hold the Offender to appear before the courts as he had shown a complete disregard for the orders of the court.
10As a result of this incident the Applicant received minor injuries which at that time did not require medical attention.
Hospital Report
11The Report states that he was seen in the Emergency Department and his radiographs revealed a tibial plateau fracture. He has been on crutches and in a Zimmer splint feather weight bearing since then. He was initially seen in the WSIB Specialty Clinic. On [date] 2017 the Applicant visited the Hospital in regards to the left tibial plateau fracture which he suffered about 6 months prior to this visit. He was still complaining of discomfort at his knee both anteriorly and posteriorly. An MRI showed that the fracture had consolidated for him and the focul tenderness had also reduced. In the Doctor’s opinion the Applicant’s has been a little bit slower to progress than anticipated. He had also stopped using the crutch.
WSIB Report
12The Report contains a copy of completed sick claim form in which the Doctor states that the Applicant will require 1 to 2 months of modification would be required.
ANALYSIS AND DECISION
13For the following reasons the CICB grants the Application.
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 him to sustain a tibial fracture requiring medical intervention, use of prosthesis, limitations to weight bearing and other activities and an absence from work for a period of time.
15In assessing pain and suffering the CICB has considered the unprovoked nature of the attack, the physical injury he had sustained, the type of treatment required and the fact some residual physical issues resulted. This injury was sustained in the course of his duty as a Police officer of [Name] Regional Police when the Applicant and his colleague were 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 14th day of July, 2017
Veda Rangan, Member