Re 1603-02881, 2017 ONCICB 21

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Gemma Harmison
Date: February 07, 2017
Indexed as: (Re) 1603-02881

ORDER

Introduction

1The Applicant filed this Application to the CICB in relation to an incident that happened during the course of his duties as a Police Officer. He is claiming compensation from the CICB in the form of an award for pain and suffering. He also originally claimed for income loss however, in subsequent letter to the CICB, he confirmed that he was not pursuing a claim for loss of income.

Evidence

2The following summary is based upon a combined review of the Applicant’s written submissions to the CICB in conjunction with Police and Court records, treatment reports and other information on file.

Summary of Incident

3On the incident date, the Offender had caused property damage to a store, smashing a bottle against the door and injuring herself as a result. She was assaultive and combative when the Applicant was trying to place her under arrest for having caused damage to the store, and she continued to be assaultive and combative while the Applicant and his partner rode in the ambulance with her to the hospital. Inside the ambulance the Offender continued to violently thrash about and during the ongoing struggle to subdue and restrain her, the Applicant suffered injury to his shoulder. The Offender also spat in the Applicant’s face.

4Court records show that the Offender was charged with numerous offences in relation to the events on the incident date, including not only Mischief to Property for causing damage to the store but also charges specific to the Applicant namely (1) Assault Peace Officer and (2) Assault Peace Officer Causing Bodily Harm. The Offender pleaded guilty to four charges in total including the charge of Assault Peace Officer Causing Bodily Harm relative to the Applicant. She was sentenced to time in custody plus probation.

Summary of Injury

5In his Application to the CICB the Applicant wrote that he suffered a dislocated left shoulder and torn labrum. He indicated that he was placed on administrative duties at work between [date], 2015 and [date], 2016. He described that the injury caused him considerable pain and made it difficult for him to sleep comfortably. He underwent physiotherapy following the incident and while the physiotherapy treatments were painful, he wrote that the treatments “significantly improved mobility and strength in my left arm.”

6The Applicant provided the CICB with a copy of personal notes that he prepared during his treatment and recovery period. Although his notes refer to other treatment providers (beyond those detailed below) no corresponding reports were on file from those other providers. Accordingly, the below summary reflects only those medical reports and records that were actually on file with the CICB.

7Hospital records indicate that the Applicant suffered a left shoulder dislocation. It is not entirely clear from the records whether the Applicant’s shoulder was reduced by a physician in the ER or whether it reduced (slipped back into anatomical position) spontaneously as he was taking off his shirt to be examined. The records contain a notation “n/v intact”, such that no neurovascular concerns were identified. The records also indicate that the Applicant had a past history of four prior dislocations of the same shoulder, the most recent of which had occurred earlier in the summer. Based on the records it appears that the Applicant was given pain medication, a shoulder immobilizer and a referral note to be seen at the Hospital’s specialty clinic a few days later.

8The CICB was in receipt of a report completed by the Applicant’s Family Doctor. The Family Doctor indicated that the Applicant had an MRI of his shoulder, which was carried out on [date], 2016. The Family Doctor wrote that the results of the MRI showed thickening of the glenohumeral joint (noting that this was common following a shoulder dislocation) but “no labral tear identified”. The Family Doctor indicated that another test had been recommended however apparently that test was not done. The Family Doctor wrote that the Applicant was seen by an upper extremity specialist on [date] at which time the specialist felt the Applicant had sufficiently recovered such that he could return to (regular) duties at work. The Family Doctor indicated that the injury resulted in a temporary period of impairment only.

9A report on file from Physiotherapist [Name] dated [date], 2016 indicates that the Applicant attended physiotherapy appointments between [date], 2015 and [date], 2016 inclusive. Treatment was noted to include strengthening, stretching, manual techniques, electro-acupuncture, and activity modification. In the report, the physiotherapist noted that the Applicant was “much improved, back to full duties [and] experiencing no pain, only minor ROM [range of motion] issues”. The Physiotherapist similarly opined that the injury resulted in a temporary period of impairment only.

10A report on file from the Workplace Safety and Insurance Board (WSIB) confirms that the Applicant did not receive, nor was he being considered for, a Non-Economic Loss (NEL) award from WSIB in respect of this incident/injury.

Issues

11The issues for the CICB to decide are whether the Applicant qualifies for compensation under the Compensation for Victims of Crime Act (the “Act”) and, if so, to thereafter make a determination as to an appropriate compensation award to be made.

Analysis and Decision

12The CICB finds the Applicant to be compensable under section 5(b) of the Act given that he was assaulted and injured during the course of arresting the Offender for a crime against property.

13In assessing a compensation award for pain and suffering, the CICB has considered the nature and extent of the injury to the Applicant’s shoulder, as documented and verified in the medical evidence on file, namely dislocation of his left shoulder (which had been dislocated a number of times previously) and which was treated conservatively (non-operatively). Although in the Application the Applicant additionally referred to having a torn labrum, the report from his Family Doctor indicated that the MRI results did not in fact identify a torn labrum. The CICB has taken into account that following the incident the Applicant received physiotherapy treatments and that he remained on administrative duties for a period of time before he was able to resume regular police duties. The CICB has also considered that both the Family Doctor and the Physiotherapist indicated that the injury suffered by the Applicant on account of the incident resulted in a temporary period of impairment only.

14Having regard to all relevant circumstances and based on the evidence available and before it, the CICB finds a reasonable award for pain and suffering for the Applicant to be $2,000.00.

Award

15The CICB orders payment as follows:

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

TOTAL AWARD $2,000.00

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 $2,000.00