CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kabir Ravindra
Indexed as: (Re) 1610-00197
ORDER
Introduction
1This claim arises out of an assault at a school. The Offender was charged with assault causing bodily harm. She was convicted of assault.
Decision
2For the reasons set out below, the CICB approves the claim and awards you $5,000.00 towards your pain and suffering. You may seek to have this Decision varied if you are likely to incur additional treatment expenses.
Issues
3In light of the conviction record and medical evidence as to your injuries, there is no doubt that you were a victim of a crime of violence, as set out in section 5(a) of the Act.
4The issues to be determined in this Decision are:
What is the appropriate level of compensation for your pain and suffering, within the CICB’s mandate?
What out-of-pocket expenses and travel costs have you incurred, and can these be reimbursed by the CICB?
Analysis
5It is indicated in your Application and the Police Report that the incident occurred when you were walking back to work after having your lunch at home. It is indicated that the Offender called out your name, approached you, and punched you in the left side of your face. You fell to the ground during this assault, where the Offender also grabbed your hair and punched you in the back of the head. During this entire assault, she was yelling at you about not having been called to a volunteer opportunity at the school. A male witness assisted you to return to the school, while the Offender continued to yell at you. The Police note that the Offender was apprehended under the Mental Health Act. She was charged and convicted.
6Your acute injuries are noted in the Police Report. The CICB was also provided with a Hospital Report that gives more details of the acute injury, as well as a Doctor’s report that details treatment and prognosis. The following injuries are noted in your Application and are supported by the records provided:
swollen left eye/left swollen cheekbone
bruises about the face and body
detached retina
you began to experience eye floaters
your right knee was scraped 1.5 to 2 inches in diameter, and you still have a visible scar on your knee
you could not bend your knee
sore left arm/shoulder
headaches
temporary hair loss
unable to sleep on your left side
unable to work out
7You attended physiotherapy for your arm/shoulder and knee injuries. The physiotherapy report notes that your injuries include sprain/strain to left arm/shoulder and partial tear of the rotator cuff, and well as pain to your right knee. It is noted that, prior to this event, you were active in daily recreational fitness activities with your husband and children. The Physiotherapist notes that prognosis is unclear and further treatments or even surgery may be warranted.
8The CICB was also provided with a Therapy Report about the emotional impact of this assault. The Therapist notes that she only saw you once in [date] 2016, but that you had experienced several responses to this traumatic event, including nightmares, crying spells, sleep disturbances, fear, a lack of a sense of safety, and worry.
9In light of the conviction, and noting the confirmation of your injuries in the records submitted, the CICB finds that you were a victim of a crime of violence, as set out in section 5(a) of the Act. The CICB does its utmost to ensure consistency of its decisions, regardless of which CICB Member considers the claim, or if it is heard by one or two CICB Members. In light of what took place and how it has impacted you on both a physical and emotional level, the CICB finds that it would be consistent and within its mandate to award $5,000.00 towards your pain and suffering.
10You experienced vision concerns and went to see an Optometrist. You provided a receipt for $40.00. The CICB finds it reasonable and within its mandate to reimburse this cost under section 7(1)(a) of the Act.
11You had to travel outside your community for treatment. The CICB finds that this travel was reasonable and sees no reason to deviate from its usual practice of awarding $0.41/kilometre for travel costs. The file materials indicate you made the following trips for treatment:
56 km x 2 x 7 trips x $0.41/km = $321.44
95 km x 2 x $0.41/km = $77.90
48.3 km x 2 x $0.41/km = $39.61
12The CICB will therefore award you $438.95 for travel costs.
13The Physiotherapy Report does not include a future treatment plan and the Therapy Report does not include a plan for further counselling. However, if you require additional physiotherapy and/or counseling as a direct result of this crime, and the cost of that treatment is not covered by other sources (such as insurance), section 25 of the Act permits the CICB to consider varying this Order to include payment for the additional treatment expenses. If you are considering seeking a variation of this Order to include additional treatment costs, kindly contact the CICB for more information, because prior authorization is required.
Award
14The CICB orders payment as follows:
Section 7(1)(a) Expenses/Travel to treatment $ 478.95
Section 7(1)(d) Pain and Suffering $5,000.00
TOTAL CURRENT AWARD $5,478.95
15Kindly take note of section 26(5.1) of the Act. This section provides that the CICB may demand to be reimbursed if a claimant receives money from another source in relation to the same crime. Therefore, you must advise the CICB if you bring a civil suit against the school where this assault occurred.
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 $5,478.95
DATED at Toronto this 17th day of February, 2017.
Kabir Ravindra, Member