(Re) 1612-00791, 2017 ONCICB 280

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Louise Charette
Date: October 13, 2017
Indexed as: (Re) 1612-00791

ORDER

INTRODUCTION

1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking compensation for pain and suffering as a result of a physical assault that occurred on [date], 2013 and for which he is alleged to have sustained physical injuries. The incidents were reported to the police and resulted in a conviction in criminal court.

DECISION

2The CICB approves the claim and awards the Applicant the sum of $4,000.00 for the reasons set out below.

ISSUES

3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries are the result of the crime pursuant to subsection 5(a) of the Act.

HEARING

4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.

Documentary Evidence

5The CICB received the following documents with respect to the claim: Police Report dated [date], 2013, Hospital Records from [Name] Hospital and [Name] District Hospital.

Police Synopsis

6On [date], 2013, the Police received a call from the communications centre advising that the Applicant had contacted the centre from the Hospital asking police to meet him at his residence as he had been assaulted.

7The Applicant told Police that on that day he attended the Offender’s residence in order to pay him back the money he owed him. Once there, the Applicant made a comment which enraged the Offender. The Applicant explained that as he was leaving on his bicycle the Offender grabbed him and pushed him towards the garage. As a result, the Applicant tripped on a trailer hitch and he fell onto the ground. He remembered hitting his head on the hitch and that the Offender got on top of him and punched him. He could not recall how many times he was hit but recalled trying to block the punches with his right arm. The Applicant believed that while he was on the ground other people were kicking him in the ribs. The Applicant was able to get up and run away.

8Once at his residence, the Applicant noticed he was bleeding from his head therefore attended the Hospital for treatment. While interviewing the Applicant, the Investigating Officer observed a large bump under his left eye as well as three to four stitches on the top of his head. As a result of this incident, the Offender was charged and later convicted for the assault on the Applicant.

Hospital Documents

9The Hospital provided the following documents regarding the Applicant: the ambulance call report, emergency department records which included information regarding the Applicant’s visits to the Hospital for renewal of pre-existing medication, operative records, psychiatric records, out-patient records as well as a discharge summary. It should be noted that the majority of this information is not related to the crime of violence.

10The emergency outpatient records in relation to the assault and dated [date], 2013 state that the Applicant presented at the emergency department with a laceration to the top of his head. It was noted that the Applicant was not actively bleeding however required 2 stitches to the head.

11The emergency records from [date], 2013 note that the Applicant attended the emergency that day as he was feeling tired. He reported that he was having persisting problems with concentration however was not experiencing pain. At this time, the medical staff determined that he had suffered a concussion and he was prescribed medication as a result.

12On [date], 2013, the Applicant presented at the emergency room for abdominal pain. As a result, an assessment was completed and the doctor noted that the Applicant was also complaining of experiencing hallucinations since the assault. The Applicant also advised the doctor that during the assault he was kneed in the epigastric region where he was complaining of pain. As a result, he was admitted for observation and administered medication. A head and abdominal CT scans were ordered and the Applicant was referred to the [Name] District Hospital for follow up care and treatment.

13Hospital records from [Name] 2014 show that Applicant presented at emergency requesting a renewal on his narcotics and when medical staff refused to provide him with such, he returned home and overdosed on Tylenol and Robitussin. As a result, an assessment was completed and the Applicant was placed on a Form 1. Treatment records indicate that at the time of this incident, the Applicant was taking a significant amount of medication and that he also had a history of diabetes, hypertension, hyperlipidemia and coronary artery disease and knee pain. The crisis intervention report suggested hospitalization and treatment and that the Applicant would benefit from psychiatric consultation to review pharmaceutical treatment. A discharge summary from [date] 2014 suggests a long pre-existing history of depression, substance abuse issues and suicidal ideations.

District Hospital Records

14The Applicant attended the [Name] District Hospital in the past for reasons unrelated to the crime of violence. The Applicant also attended for follow up care and treatment for his head injury and abdominal pain.

15The medical imaging report dated [date], 2013 addresses the abdominal pain and head injury. The CT examination of the brain showed nasal septal deviation to the left however the remainder of the examination including intracranial contents were unremarkable. With respect to the abdominal pain, this remained undiagnosed.

16Records on file from [date], 2014 include a discharge diagnosis report which notes mental and behavioural disturbances secondary to substance, alcohol misuse and alcohol and cannabis dependence syndrome. The Applicant’s past medical history includes treatment for hypertension, diabetes, chronic pain, coronary artery disease, constipation, dyslipidemia and chronic knee pain. The Applicant’s past psychiatric history includes depression, PTSD which the Applicant linked to childhood abuse. The Applicant again reported some vague abdominal pain as well as lower back pain which he associated with a recent assault.

17The CICB also reviewed a Report provided by the medical imaging department dated [date], 2014. The Report noted that there was evidence of old healed fractures involved the left 8th to 11th rib. However, these fractures were not directly linked to the crime of violence referred to in the Applicant’s claim.

ANALYSIS AND DECISION

18Based on the documentation on file, the CICB is persuaded that the Applicant is a victim pursuant to section 5 of the Act. Pursuant to this section, all claimants seeking compensation are required to prove, on a balance of probabilities, that the injuries they sustained are a result of the crime of violence.

19In assessing compensation for pain and suffering the CICB has given consideration to all of the documentary evidence that was presented. The CICB was mindful of the circumstances surrounding this incident and injuries suffered by the Applicant.

20The Applicant reported that he suffered the following physical injuries as a result of the crime of violence: laceration to the top of his head requiring 2 stitches, concussion, swollen eye, sore ribs, residual memory loss, re-occurring headaches, residual ringing in his ears, dizzy spells and loss of balance. No psychological injuries were noted.

AWARD

21The CICB orders payment as follows:

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

TOTAL AWARD (AND COSTS) $4,000.00

PAYMENT

22THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00