CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1701-00089
ORDER
Introduction
1In this case the Applicant claimed she was assaulted by a stranger, the Offender, when she was visiting a shelter.
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 January, 2017 submission to the CICB, the Applicant wrote that in [date] 2016, she was attacked by the Offender when she was in the [Name] Shelter. The Offender grabbed her by the head and neck and smashed her head on the ground and on the end of a recliner chair several times.
Police Report
4The CICB received a Report from the [Name] Police Service in support of the Applicant’s claim. Police confirmed that the Offender punched the Applicant twice in the face and grabbed her by the hair and smashed her head against the floor. Police arrived on the scene and took a statement from the Applicant. Also, Police noted the Applicant had no visible injuries and she refused to go to the Hospital for treatment.
5As a result of their investigation, Police charged the Offender with assault. On [date], 2017, she was convicted and sentenced to 30 days of pre-sentence custody plus nine months of probation.
Injuries
6In her submission to the CICB, the Applicant wrote that she was in shock as a result of this incident and she was already suffering from PTSD from several previous beatings and concussions.
Medical Reports
7The CICB received a letter, dated [date] 2017, from the Applicant’s Physician, Dr. [Name] who reported that the Applicant came to see her on [date], 2017 about the incident which is the subject of this Order. The Doctor reported that the Applicant was struggling with ongoing headaches, dizziness and sleep disturbances as a result of this incident. An MRI was ordered and they were exploring trauma therapy options.
8The CICB received a Medical Report, dated [Date] 2017, from Dr. [Name] who noted that the Applicant had a history of a head injury in the past and she was unable to determine how this has impacted her function separately from the [Date] 2016 incident. The Doctor referred the Applicant to a head injury clinic for further assessment. The Doctor noted the Applicant was not working at the time of the incident as she is on ODSP. Also, the Doctor anticipated that the Applicant would be diagnosed with symptoms of PTSD and post-concussion syndrome.
9The CICB received a copy of an eye examination, performed on [date], 2017, which showed no ongoing difficulties related to the incident subject to this order.
10The CICB received a Mental Health Progress Report, dated [date], 2017, from Dr.[Name], a Psychiatrist at [Name] Health Care. This Doctor noted that the Applicant claimed that on the date of the incident ([date], 2016) she was staying in the [Name] Shelter and she was assaulted by the Offender. The Applicant claimed that she called Police and EMS, but did not go to the hospital.
11As a result of this incident, the Applicant claimed that she received a cut on her left eyelid and multiple hits on her head. That night, she suffered from nightmares and since then, she has been feeling stressed out with frequent anxiety attacks. She asked the Doctor if she could take more clonazepam but he declined. The Doctor noted that the Applicant seemed to be experiencing symptoms of acute stress disorder. Instead of additional medication, he suggested Cognitive Behavioural Therapy to treat the trauma she experienced. Currently, the Applicant was taking acupuncture and physiotherapy for her physical injuries. Overall, the Applicant was suffering from an on-going schizoaffective disorder. Her current drug regimen included: clonazepam, valium, doxepin and Zyprexa Zydis.
12In a [date] 2017 follow-up, the Doctor noted that the Applicant continued to be delusional and paranoid, as she believed she was being followed by Hell’s Angles who were putting chemicals into her food and following her. The Doctor noted that the Applicant had limited insight into her illness which was bi-polar schizoaffective disorder with a history of PTSD.
Analysis and Decision
13Section 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.
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 punched in the head and had her head slammed into the floor. As a result, the Applicant appeared to have no physical injuries and she refused additional treatment. Subsequently, the Applicant experienced ongoing headaches, dizziness and sleep disturbances which she consistently reported to her Family Doctor and a Psychiatrist. The Applicant had pre-existing schizophrenic disorder along with a head injury and anxiety which were exacerbated by this incident.
15The Applicant’s claim was supported with Reports from Police services and two Doctors. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.
Award
16The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD (AND COSTS) $4,000.00
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 $4,000.00
DATED at Toronto this 13th day of September, 2017.
Jo-Anne Hughes, Member