(Re) 1608-04392, 2017 ONCICB 226

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes Date: August 14, 2017 Indexed as: (Re) 1608-04392

ORDER

Introduction

1In this case, the Applicant claimed that while working as a Correctional Officer, she was assaulted by an inmate in the [Name] Detention Center.

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 her June 2016 submission to the CICB, the Applicant wrote that she was escorting the Offender to segregation by placing her right hand below the Offender’s left elbow. The Offender responded by punching the Applicant in the left temple and grabbing her by the hair and violently shaking the Applicant. At one point, her back was slammed against a brick wall. Several staff came to assist the Applicant and it took several attempts to get the Offender disengaged from her.

Police Report

4The CICB received an Incident Report from the Applicant’s employer which confirmed this incident as described herein.

5The CICB received reports from the [Name] Police Service in support of the Applicant’s claim. Police confirmed the incident as described by the Applicant. Police noted the Applicant’s injuries as a headache along with swelling and bruising to the left side of her face.

6As a result of their investigation, Police charged the Offender with assault peace officer. On [date], 2017, she pled guilty as charged.

Injuries

7The Applicant wrote that when she was punched, she felt pain to her cheek bone and temple. Her glasses went flying off and she felt dizzy and light-headed. Both of her hearing aids were dislodged so she could not see or hear clearly. The Applicant was disoriented and emotionally upset at being attacked.

8Since other inmates saw the Applicant being attacked, she now feels that they know that she could easily be disabled with the removal of her glasses and hearing aids. The Applicant felt embarrassed because everyone knew about this incident and when she was assessed in the infirmary and at the Hospital, she was crying in uniform. The Applicant was told to take the rest of the week off.

9The Applicant wrote that when she returned to work the following Monday, she was still swollen and bruised from the assault. It was painful to bite or chew and she took anti-inflammatories and Advil to manage her pain and swelling. The Applicant fears retribution from the Offender, her family and friends.

Medical Reports

10A Medical Report from the infirmary at the Detention Centre noted the Applicant was “sucker punched” by the Offender and she had no loss of consciousness. The Applicant felt off balance, saw “stars” and felt slightly nauseated. She was dispatched to the [Name] Health Sciences Centre for examination.

11The CICB received Reports from the [Hospital] which noted the Applicant was punched once in the left side of her head. She suffered from pain in her left eye, a headache and neck pain. A finger on her right hand was “tweaked” during the incident. An x-ray revealed no facial bone fractures.

Expenses

12The CICB received a report from the WSIB which confirmed that she received income-replacement benefits for two days off work.

13The CICB received a report from the Applicant’s Employer which noted that she received WSIB coverage for two days off work but not for the third day off as she had no medical authorization to be off for the third day. Based on this Report, the CICB calculated that the Applicant lost $205.33 for the one day she was off work and not reimbursed by the WSIB.

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(a) of the Act as a result of a single incident of assault peace officer.

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 assaulted by inmate at a detention center. As a result, the Applicant suffered from pain in her cheek bone, a headache, nausea, swelling and bruising to her left cheek and temple. The Applicant was embarrassed in front of other inmates and co-workers and she was embarrassed that she had to recount her story to so many people.

16The Applicant’s claim was supported with Reports from Police, two Hospitals and her Employer. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.

17With respect to the Applicant’s claim for income loss, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or Income Tax records and/or medical confirmation of disability) in order to verify an Applicant’s employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed, and to confirm the period of disability. In the absence of medical proof of her inability to work, and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the Applicant has failed to establish her claim for income loss and the claim in that regard is hereby denied.

Award

18The CICB orders payment as follows:

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

TOTAL AWARD $4,000.00

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 $4,000.00