CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1509-00862
ORDER
Introduction
1In this case, the Applicant claimed he was assaulted and robbed by a group of strangers in a park in [City].
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 August 2015 submission to the CICB, the Applicant wrote that he was surprised by a group of people outside of a variety store. One person grabbed his bag and punched him in the head, knocking him to the ground. They all started kicking him and after ten minutes, they grabbed his bag and left with his wallet containing $260.00. The Applicant wrote that he went to his friend’s place and his wife bought him a train ticket to get back home to [City].
Police Report
4The CICB received a report from the [Name] Police Service in support of the Applicant’s claim. Police reported that the Applicant was punched and kicked by “unknown offenders” at 4:00 am while he was in a park in downtown [City].
Injuries
5In his submission to the CICB, the Applicant wrote that as a result of this incident, he broke four ribs, his lungs were damaged and he got pneumonia and a lung infection. He had a breathing tube down his throat and he still has trouble breathing two months after the incident. The Applicant reported that he was in ICU at the [Name] Hospital for a week after the incident and he was re-admitted for three days a month later.
6As a result of this incident, the Applicant is afraid to go outside and he has pain in his chest which interferes with his sleep. Also, he reported that he is unable to walk or stand very long without getting dizzy and disoriented.
7The CICB received a [date] 2017 letter from the Applicant’s wife, [Name], with an update on his condition. Before, the Applicant had a “love of life and for his friends” and now he is not the same as they do not socialize anymore. Now, he just leaves the house to take transportation with the Red Cross to his medical appointments. This means the Applicant’s wife is now in charge of doing all their errands and shopping. The Applicant still has problems breathing as a result of his punctured lung and he still has trouble sleeping due to nightmares and sore ribs.
Medical Reports
8The CICB received several reports from [Hospital] who admitted the Applicant on [date], 2015 – 36 hours after the incident. The Hospital reported that the Applicant had been punched and kicked on his chest, with injuries including abrasions to his knees, upper arms, bruising to the right eye, distress, and shallow breathing. The Applicant was “in significant respiratory distress and x-ray reveled reduced lung capacity”.
9The Applicant presented with rib fractures and it is noted that he is a known COPD patient with other pre-existing conditions of chronic hep C, chronic back and musco-skeletal pain, he is on chronic analgesics and he has a history of daily alcohol misuse.
10The CICB received a Medical Report from the Applicant’s Doctor, Dr. [Name], which confirmed the injuries as described by the Applicant. The Doctor noted “prognosis is chest pain for several months and associated shortness of breath.” Also, this Report confirmed that the Applicant required intubation in ICU and treatment for ventilator-assisted pneumonia.
11The CICB received a Therapy Report, dated [Date] 2017, from [Name] who noted that the Applicant’s injuries included broken ribs, punctured lung and his left side continues to be sore as a result of assault in [City] two years ago. His emotional symptoms include depression, severe isolation, social anxiety, nightmares, fear of Black people, thoughts of revenge and alcoholism. The Applicant is unable to work due to physical and psychological injuries. He has no social contacts besides his wife and no interest in social activity. Overall, he has a poor prognosis and he will continue to struggle for the foreseeable future.
Analysis and Decision
12The fact that there has not been a conviction is not fatal to the Applicant’s claim. Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury or death.
13The CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of assault, and therefore, a victim within the meaning of section 5(a) of the Act.
14In 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 unknown persons about 4:00 am in a park in downtown [City]. As a result, the Applicant suffered from a few broken ribs, a punctured left lung, abrasions on his knees and arms, bruises on his right eye and significant breathing problems. He was admitted to Hospital for a week after the incident, where he developed ventilator-induced pneumonia and he was re-admitted to the Hospital with breathing-related issues a month later. Now, two years after the incident, he still has breathing problems. The Applicant currently suffers from depression, social isolation, anxiety and fear of people.
15The Applicant’s claim was supported with Reports from Police, two Hospitals, a Doctor and a Social Worker. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $7,000.00.
Award
16The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $7,000.00
TOTAL AWARD $7,000.00
17The 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
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $7,000.00
DATED at Toronto this 3rd day of August, 2017.
Jo-Anne Hughes, Member