(Re) 1604-03049, 2017 ONCICB 177

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes

Date: July 15, 2017

Indexed as: (Re) 1604-03049

ORDER

Introduction

1In this case, the Applicant is a police officer who claimed that he was injured by a suspect who was resisting arrest.

2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Incident

3In his March 2016 submission to the CICB, the Applicant wrote that while employed as a police officer, he was assisting in the escort of a person who had been arrested (the Offender). During that altercation, the Applicant’s “left pinky finger” became dislocated. The Applicant wrote that he “snapped” his finger back into place and then he went to the [Name] Hospital for treatment.

4In his description of this incident, the Applicant was unable to say how or why his finger became dislocated – just that it happened while he was dealing with the unruly Offender.

Evidence

Police Report

5The CICB received Reports from the [Name] Police Service in support of the Applicant’s claim. These Reports confirmed the incident as described by the Applicant. As result of their investigation, Police charged the Offender with various offences including one charge of assault peace officer which listed the Applicant as the victim.

6On [date], 2016, the Offender was convicted on that charge and he was sentenced to 67 days of pre-sentence custody plus 79 days in jail and one year of probation.

Injuries

7The Applicant wrote that at the [Name] Hospital, he received an x-ray and his finger was reset and splinted.

8The Applicant also wrote that at the time, his dislocated finger was extremely painful and that almost caused him to throw-up. A Doctor told him the ligaments were damaged to the point that surgery would be required to repair the damage. At the time of his submission to the CICB, the Applicant had not received consultation on his surgery.

9The Applicant went on desk duty for a month, he had to skip an annual golf trip away with friends and he wasn’t able to attend boxing class with his daughter. On an emotional level, the Applicant said he felt like a victim, he worried about his safety and he replayed the incident in his mind. The Applicant was stressed because of the number of people who were asking about his injury, he was cleared by an internal review, he was asked by his children when he would return to active duty, he had to ‘buddy tape’ his finger and after surgery, he expected that he would have to take additional desk duties which would put him behind in consideration for a promotion.

Medical Reports

10The CICB received a Report from the [Name] Hospital about the Applicant’s claim. The Hospital noted the Applicant’s finger became dislocated when the Offender was pulling and the Applicant’s finger became dislocated. The Applicant was “known for his 5th digit dislocation as it had occurred five times in the past 20 years”. Doctors suggested a follow-up with plastic surgery and gave the Applicant an aluminum splint for his finger. Doctors also noted there was a “surgical option to increase stability” of the Applicant’s joint.

Expenses

11The CICB received a letter from the WSIB which indicated that since the Applicant did not have an earnings loss associated with this injury, he was not entitled to Loss of Earnings benefits and that he would not be considered for a NEL award.

Analysis and Decision

12Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault peace officer.

13In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was assaulted by the Offender as he was being brought into custody. As a result, the Applicant suffered from a painful dislocation to his left pinky finger. The Hospital reported that this was the sixth time the Applicant’s finger had been dislocated in the past 20 years and that future surgery was a possibility to improve the stability of his joint. On an emotional level, the Applicant reported that he suffered from the professional embarrassment of having to work a desk job which may have affected his future opportunity for promotion, also, he had to miss a 'boys trip' and he was unhappy that he was unable to participate in boxing classes with his daughter.

14The Applicant’s claim was supported with reports from Police, the Courts and the [Name] Hospital. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $500.00.

Award

15The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $500.00

TOTAL AWARD $500.00

16The 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

17THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $500.00