Re 1611-00443, 2017 ONCICB 180

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes
Date: July 15, 2017
Indexed as: (Re) 1611-00443

ORDER

Introduction

1In this case, the Applicant is a corrections officer who claimed he was assaulted by an inmate.

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 November 2016 submission to the CICB, the Applicant wrote that while working as a Correctional Officer, he saw the Offender attempting to hoard his medication. The Applicant opened the Offender’s cell to deal with the situation, when the Offender punched him three times in the head and bit his arm and hand.

Evidence

Police Report

4The CICB received a general incident report from the [Name] Police Service in support of the Applicant’s claim. Police confirmed that the assault was witnessed by a nurse who was being assisted by the Applicant. Police noted the Applicant had a minor cut on his left index finger from being bitten by the Offender who was charged with assault peace officer. Police listed the Applicant’s injuries as: sore head, cut to right eye, small cut to left index finger and bite mark on left forearm.

5The CICB received a Report from the [Name] Detention Centre in support of the Applicant’s claim. This Report detailed the incident as described by the Applicant and Police were called to investigate.

6On [date], 2016, the Offender pled guilty to assault peace officer and he was sentenced to pre-sentence custody of 30 days plus 15 days in jail.

Injuries

7The Applicant wrote that as a result of this incident, he went to the [Name] General Hospital for treatment. He received antibiotics and he continues to have sensitivity to light with headaches and fatigue.

8The Applicant also reported that he saw his family doctor about his symptoms of concussion, light sensitivity, headaches and fatigue. He was also concerned about the potential impact of infectious disease (Hep, HIV or AIDS) on his future health.

Medical Reports

9The CICB received a report from the [Name] Hospital which confirmed on the night of the incident, that the Applicant had the injuries as described herein. The Applicant received a tetanus shot and a prescription for antibiotics to treat his soft tissue injuries.

10The CICB received a Medical Report from the Applicant’s Physician, Dr. [Name], who reported that the Applicant had a head injury and three bites to his left arm in this incident. Two weeks after the incident, the Applicant reported to his doctor that he was experiencing “concussion-like” symptoms (headache, photophobia and fatigue) which were slowly improving. The Doctor followed-up on the Applicant’s bloodwork which was negative for HIV, Hep A, B and C.

Expenses

11The CICB received a report from the WSIB which showed that the Applicant lost no work time associated with this incident.

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.

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 an inmate who was trying to hoard his drugs. Video evidence was clear that the Applicant was punched in the head three times and bitten three times by the Offender. As a result, he suffered from a sore head, cut to his right eye, a small cut to left index finger and a bite mark on his left forearm. The Applicant suffered from concussion-like symptoms (headache, light sensitivity and fatigue). On an emotional level, the Applicant was concerned about the potential impact of infectious disease.

14The Applicant’s claim was supported with reports from Police, the Hospital and his Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.

Award

15The CICB orders payment as follows:

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

TOTAL AWARD $4,000.00

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 $4,000.00