(Re) 1702-00424, 2017 ONCICB 295

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Veda Rangan

Date: October 20, 2017

Indexed as: (Re) 1702-00424

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 expenses, pain and suffering as a result of physical assaults, that occurred on [date], 2015 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction on charges of two counts of assault on a peace officer and obstruct peace officer.

DECISION

2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $4,780.75 for the reasons set out below.

ISSUES

3The Applicant must prove, on a balance of probabilities, that her injuries are the result of lawfully arresting or attempting to arrest an offender or suspected offender of an offence against a person other than the Applicant or his/her dependent or against such person’s property, or assisting a peace officer in executing her law enforcement duties.

4The Applicant must provide reliable evidence to support her claims for:

a. expenses actually and reasonably incurred as a result of her injury pursuant to subsection 7(1)(a) of the Act. The Applicant is claiming $22.75 for Hospital parking for which she had proffered receipts.

b. $258.00 for Travel expenses: 5 trips, according to Hospital Records, from [City] to [City] (645.00 km)

c. $180.00 – Hockey fees – no documentation on file.

HEARING

5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.

Documentary Evidence

6The CICB received the following documents with respect to the claim:

a. Police Reports dated [date], 2017

b. Hospital Records from [Name] General Hospital dated [date], 2017,

c. Hospital Report from [Name] General Hospital,

d. Victim Impact statement; and,

e. copies of expense claims and receipts;

Police Report

7On [date], 2015 Police responded to a noise complaint at an apartment and on arrival knocked on the door several times and were met by the resident swearing from inside the apartment who was later identified to be the Offender.

8Police announced themselves at the door and on the fourth knock when the Offender came to the door in his boxers, he was holding a weighted weapon that was a sock with a rock at the bottom of it in his left hand, and he was holding it above his head and in his left arm. Officers fearing for their own safety tackled and arrested him for the offence of assault police with a weapon. He was provided his rights to counsel and was cautioned.

Hospital Reports

9The Applicant was brought to [Name] General Hospital and her injury was assessed there. Her hand was placed in a splint and was referred to a plastic surgeon at [Name] Hospital. In a letter from Dr. [Name] to the Plastic Surgeon states that the Applicant had suffered an injury to her UCL of her right thumb. He states that he had placed her in a custom molded thumb splca cast brace. Radiology report notes a partial tear.

10However, when she was seen at a later date by the Plastic Surgeon her hand showed improvement and was less tender on examination. Although there was improvement it was his view that she was not ready to resume duty.

11Two weeks later when she was examined for follow up of her ulnar collateral ligament injury, she showed signs of further improvement and continued to remain on light duties at work.

Victim Impact Statement

12The Applicant notes that her pain was excruciating and was unable to move her right thumb it. It felt like it was disconnected. An avid sports participant, the Applicant was unable to participate in the ice hockey and downhill skiing sports or golf during her vacation due to the length of the treatment and recovery period.

13She had limitations to some activities of daily living and personal care. She was unable to mow the lawn. She is right hand dominant and the right hand and the thumb area felt much weaker than her left hand. She has to exercise great caution and be extremely careful when conducting defensive tactics training so as not to reinjure her thumb. This has had a permanent negative impact on her skills as a police officer and consequently her confidence to engage in physical confrontations. Emotionally she regrets not being able to fully participate in all the duties that her work as a policeman demands.

ANALYSIS AND DECISION

14For the following reasons the CICB grants the Application.

15Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant, a peace officer, was a victim of an assault resulting in an injury to her thumb pursuant section 5(b) of the Act. This injury was sustained in the course of her duty as a as a police officer when the Applicant and her partner were trying to subdue the Offender. The CICB has considered the excruciating pain experienced by the Applicant, the limitations to many activities, the residual impact of the physical injury and the emotional impact of the same on her. Having considered these factors, the CICB assesses compensation for pain and suffering in the amount of $4,500.00.

16The CICB considered the Applicant’s claim in respect to parking costs, for which receipts were provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $22.75 for such costs.

17The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses such as hockey fees. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to hockey fees.

18The CICB awards travel to treatment costs in the amount of $258.00 calculated at the CICB’s standard rate of 40¢ per kilometre (5 trips @ 129 kilometres per round trip @ 40¢ per kilometre).

AWARD

19The CICB orders payment as follows:

Subsection 7(1)(a) Expenses $ 280.75

Subsection 7(1)(d) Pain and Suffering $4,500.00

TOTAL AWARD $4,780.75

PAYMENT

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

The Applicant $4,780.75