(Re) 1510-01093, 2017 ONCICB 221

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes
Date: August 14, 2017
Indexed as: (Re) 1510-01093

ORDER

Introduction

1In this case, the Applicant is a Peace Officer who injured his hand during an 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 September, 2015 submission to the CICB, the Applicant wrote that he was working as a uniformed Police Officer and he was involved in the arrest of the Offender for the offence of trafficking in a controlled substance. During this arrest, the Offender attempted to flee on foot and when caught, he became violent and combative with the Applicant and his partner. During that altercation, the Applicant struck the Offender in an attempt to subdue him and as a result, the Applicant broke a bone in his hand.

Police Report

4The CICB received reports from the [Name] Regional Police Service in support of the Applicant’s claim. Police confirmed the Offender was being arrested for trafficking when he decided to flee. Officers gave chase and he assaulted one officer (the Applicant’s partner) by pulling him to the ground, he pushed the Applicant in his chest and he “flailed his arms and legs aggressively in an attempt to escape”. The Offender was arrested and charged with possession of a controlled substance (cocaine) for the purpose of trafficking and assault with intent to resist arrest.

5On [date], 2016, the Offender pled guilty to the resisting arrest charge.

Injuries

6The Applicant wrote that as a result of this incident, he needed surgery on his right hand to insert two pins. He had multiple visits to the Hospital and he stayed there for two days for the surgical procedure. When the pins were removed in a second surgical procedure, scar tissue pinned a tendon to bone which required additional physiotherapy.

7The Applicant took ultrasound and laser physiotherapy for 3-4 days per week for two months. Despite this, he cannot fully extend the ring finger on his right hand.

8After this incident, the Applicant had a scheduled family trip to [location] but the whole vacation was changed as the Applicant’s pain was too great for him to go on rides with his children or even attend the park. When he returned home, it was holiday season and the Applicant claimed that he had to miss out on family gatherings and he was unable to play with his children.

9The Applicant wrote that as a result of the incident, he also developed severe pain in his upper back and neck, because he had to carry his hand in an awkward position and sleep with it elevated. This required multiple sessions of massage therapy which was ongoing at the time of his submission to the CICB.

Medical Reports

10The CICB received several reports from the [Name] Civic Hospital in support of the Applicant’s claim. On the date of the incident, the Applicant presented with a “displaced and impacted right ring metacarpal neck fracture” (broken finger). The Applicant was kept overnight after an uncomplicated ORIF procedure on his right ring finger. He was expected to take two weeks off work.

11The CICB received a Report from the Applicant’s Physiotherapist, [Name], who saw the Applicant for eleven sessions between [date], 2014 and [date, 2015. [Physiotherapist] confirmed the Applicant was off work for a period of time, and then he returned to work on modified duties. The Applicant has regained full use and strength of his hand. He reported some discomfort when the weather changed and there is a possibility in the long term that he may develop arthritis in his hand. His treatments consisted of laser, ultrasound and exercise.

Expenses

12The CICB received a report from the WSIB which confirmed that the Applicant was off work for five weeks and they would not be considering the Applicant for a Non-Economic Loss award.

13In discussion with the CICB, the Applicant reported that during the course of his treatment, he took four trips from his home in [City] to the [Name] Civic Hospital at 176 KM per round trip.

Analysis and Decision

14Section 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(b) of the Act as a result of a single incident of assault to resist arrest.

15In 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 performing his lawful duty as a peace officer arresting the Offender for trafficking in cocaine. During the arrest, the Applicant broke his right ring finger which required surgery and two pins. As a result, the Applicant suffered from being off work for five weeks, it affected his ability to fully enjoy a planned vacation with his family and he took physiotherapy over a period of two months. The Applicant also claimed he had upper neck and back pain caused by the aftermath of this incident.

16The Applicant’s claim was supported with reports from police, the courts and his physiotherapist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.

17The CICB awards travel to treatment costs in the amount of $281.60, calculated at the CICB’s standard rate of 40¢ per kilometre (4 trips @ 176 kilometres per trip @ 40¢ per kilometre).

Award

18The CICB orders payment as follows:

Section 7(1)(a) Expenses $ 281.60

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

TOTAL AWARD (AND COSTS) $4,281.60

19The 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

20THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,281.60