CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: George Berrigan
Indexed as: (Re) 1507-00139
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for injuries resulting from a crime of violence which occurred on the above date, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). She claims compensation in the forms of pain and suffering and income loss as a result of being involved in an incident the Centre. The Centre is a custodial facility for young offenders. Some of the inmates have serious criminal histories for crimes of violence.
2In relation to the Applicant, convictions were registered for the offence of Using Violence Against a Justice System Participant contrary to section 423(1)(b) of the Criminal Code.
Issue
3The issue before the CICB is whether or not the Applicant suffered any injury as a result of a crime of violence within the meaning of section 5 of the Act. If the answer is in the affirmative, the CICB must determine whether the Applicant is compensable and what the appropriate amount of compensation will be.
Analysis and Decision
4The information described herein is based on the information contained in the Application and in the appended documents including the Police Reports, court Informations, institutional reports, medical reports from the Applicant’s Family Physician, a Psychiatrist, and a Psychologist. The CICB has also considered information in the form of a two page letter from the Applicant dated [date], 2016.
5At the time of the incident the Applicant was a Youth Service Officer at the Centre. She had been employed in the corrections field for approximately 14 years. The officers are designated peace officers. The Applicant was one of five officers supervising inmates in a housing unit. In a concerted and coordinated effort seven inmates attacked the officers. Three of the officers were violently kicked and punched while they were on the floor. The Applicant attempted to prevent this assault as she was not directly targeted. Garbage cans were used to beat the officers when they were on the floor. The Applicant restrained one of the participants by forcing him to the floor and restraining him. The assault on the three officers was particularly violent. The assault stopped when other officers entered the housing unit and restrained the Offenders.
6The three officers suffered serious injuries. One was transported to hospital by ambulance. The injuries included head injuries, injuries to the limbs, loss of consciousness, and soft tissue injuries. One is reported to have suffered brain trauma.
7The Applicant was not seriously injured in the disturbance. She did receive treatment for a sore neck. She suffered serious emotional/psychological injuries and have been diagnosed by the three reporting health care professionals She has chronic Post-Traumatic Stress Disorder (PTSD), Adjustment Disorder with Mixed Anxiety and Depressed Mood, and mild compulsive traits. For approximately one year post assault the Applicant did not receive treatment and attempted to “brave” it out.
8As of [date] 2016 the Applicant was deemed psychologically incapable of returning to work in the detention facility. In [date] 2016 she transitioned to an office type job. In her home life she suffered paranoia, and hypervigilance. She had difficulty concentrating and was irritable. She eventually withdrew, shutting out friends and co-workers. She had difficulty sleeping and was constantly afraid that the offenders were going to come and hurt her family. She has flashbacks of the assaults, which are triggered by hearing something as innocuous as a public PA announcement. She feels isolated and alone. She is reported to be detached and emotionally numb.
9Section 5(c) of the Act states that compensation may be awarded when an individual is injured when attempting to prevent the commission of an offence against another person. In this case it is clear that the Applicant was attempting to prevent further assault on her three co-workers by restraining one of the offenders on the floor. She suffered a minor physical injury and serious psychological/emotional injuries. Based on the foregoing the CICB finds that she is the victim of a crime of violence and eligible for compensation.
10In arriving at an award for pain and suffering the CICB first considers the nature of the crime of violence. The circumstances were relatively brief but very violent. The Applicant became involved in this melee which saw three of her co-workers seriously injured. She had a fear they would be killed.
11Next, the CICB considers the degree/nature of injuries suffered as described herein. She had worked in institutions for approximately 14 years. She enjoyed her job and was competent. After the assault she developed PTSD and Major Depressive Disorder. Her emotional injuries seriously impacted the enjoyment of her day to day life and had serious ramifications in her work life. She went for approximately one year without treatment.
12In consideration of the foregoing the CICB awards the Applicant $8,000.00 for pain and suffering.
13In the latest information provided to the CICB, the Applicant claims for income loss expenses. She states that she earns less in her new position. WSIB have advised her it will do an assessment of this income loss in the future. She also states that her WSIB benefits were approximately $15,000.00 less than her annual income.
14Based on the evidence in the claim brief, approximately 85% of the Applicant’s net earnings were covered through a non-taxable WSIB benefit which results in income tax implications that are unique to each recipient of such benefits. Furthermore, during the period of disability, the Applicant did not incur expenses that are usually associated with working outside of one’s home such as, business attire, dry cleaning, public transit, gas and parking, day care for children, restaurant meals, and incidentals. As a result, in the absence of evidence to the contrary, it is the CICB’s view that the Applicant did not sustain an actual wage loss since the 15% difference is offset by the cost savings related to the above factors. The Applicant’s wage loss claim is thereby denied.
Award
15The CICB orders payment as follows:
Section 7 (1) (d) Pain and Suffering $8,000.00
TOTAL AWARD $8,000.00
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 $8,000.00
DATED at Toronto this 8th day of February, 2017.
George Berrigan, Member