CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: George Berrigan
Indexed as: (Re) 1305-92031
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence that occurred on [date] in accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C.24, as amended (the “Act”). He claims compensation in the form of pain and suffering and expenses as a result of being physically assaulted by the Offender, who was convicted of Aggravated Assault contrary to section 268 of the Criminal Code.
Issue
2The 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 subsection 5(a) 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
3The information described herein is based on the information contained in the Application and in the appended documents including the Police Reports and Hospital and Dental Reports. The CICB also considers photographs depicting the injury.
4The Applicant was socializing at a bar/restaurant with a friend. The Applicant engaged in a verbal altercation with the Offender. The Offender struck the applicant twice in the face with a closed fist. The assault occurred on [date], 2012 and was reported to police on [date], 2012.
5The Applicant suffered serious facial injuries that required corrective surgery. Technically, the injuries are described as:
Fractures in the left zygoma, both in the mid arch, and the rear of zygomaticofrontal suture.
These are undisplaced
Lateral maxillary sinus wall fracture, comminuted. Medial displacement of the largest fracture fragment
Anterior maxillary sinus wall fracture, comminuted
These sinus fractures converge at the anterolateral corner of the maxillary sinus, and extend onto the floor of the left orbit. This orbital floor fracture is undisplaced
Sub cutaneous emphysema in the left face and orbit.
6The Applicant underwent surgery on [date], 2012. The surgery involved an open reduction and fixation of the left zygoma with two mini-plates (unilateral). There was also an open reduction of the left orbital floor blowout fracture.
7According to the Dental Report the Applicant incurred three chipped teeth as a result of the assault.
8In information provided to the CICB the Applicant states that post-surgery he returned for a medical consult as there were noticeable marks on his face from the medical hardware and the pain. In [date] he moved so he could take a new job and pay his bills. The Applicant describes the injury and healing process a very painful. The pain has abated but still exists. Normal movements of the face such as a smile, laugh, or frown cause pain. The metal hardware is sensitive to cold and has affected the Applicant’s leisure activities. Hunting and fishing in cold weather were family rituals.
9The Applicant states his teeth were damaged and are sensitive, which causes difficulty eating.
10The Applicant states he suffers psychological/emotional injuries. He is self-conscious that his face is crooked and his eye sockets do not line up. Due to nerve damage the left side of his face is droopy. One of the surgical plates is visible. He has difficulty with the movement of his left eye. He gets tired of explaining what happened to him. He is anxious in public and concerned for his personal safety. He believes he has lost hundreds of thousands of dollars in income. There is not a day that goes by when he does not think about how his life has been turned upside down.
11Section 11 of the Act, states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
12In arriving at an award for pain and suffering the CICB first considers the nature of the crime of violence. The Applicant was enjoying a peaceful evening with a friend at a bar/restaurant when he was “sucker” punched on two occasions.
13Next, the CICB considers the degree/nature of injuries suffered as described herein. The CICB notes the degree/nature of the facial fractures and the surgical procedures involved in the repair. The CICB considers the pain involved and the ongoing discomfort. The CICB considers the changes to the Applicant’s appearance and the psychological/emotional injuries including self-consciousness and upset. The Applicant’s life was dramatically affected by the crime.
14In consideration of the foregoing the CICB awards the Applicant $8,000.00 for pain and suffering.
15The Applicant has claimed expenses relating to medical, treatment, dental, travel to treatment, loss of income, and other. The CICB, being a government agency, requires receipts or supportive documentation to support expense claims.
16In relation to dental expenses, the CICB has received a Dental Report dated [date], 2016 from Dr. [Name]. She states dental repair cost $600.00 of which 80% was covered by insurance. The Applicant paid the remaining $120.00. The CICB awards the Applicant that amount. The Report also states that future treatment will cost $779.00. Based on the 80% payable by insurance, the Applicant’s share would be $155.80. Based on the amount involved and in spite of the fact this work has not been completed, the CICB will award that amount in advance. Thus the total dental award is $120.00 plus $155.80 for a total dental award of $275.80.
17In relation to other items that are supported by receipts the CICB awards $45.00 in ambulance costs, $10.00 in hospital costs, and $213.22 in prescription drug costs.
18In relation to travel for treatment the Applicant states he made four trips at a distance of 105 km return. The CICB notes the dates of this travel are [dates] 2012. The CICB awards 4 (number of trips) X 105 (no. of kms per trip) X $0.40/km (the CICB’s mileage rate) for a total of $168.00.
19The Applicant also claims $175,000.00 in loss of income. As a note, the maximum total award allowable by the Act for a single claim is $25,000.00. In support of the claim the Applicant has forwarded correspondence which lists a loss of income of $175,000.00 for commission on four building sites and a contract payout of $15,000.00 (gross, for three months).
20On [date], 2016 the CICB requested CRA statements for the years 2010, 2011, 2012, and 2013. These documents have not been provided.
21The CICB finds the letter insufficient to support an award for wage loss. Normally documents in support of wage loss claims include pay stubs, CRA documents, bank records, contractual agreements and the like. As a result the claim for loss of income is denied.
Award
22The CICB orders payment as follows:
Section 7 (1) (a) Expenses $ 712.02
Section 7 (1) (d) Pain and Suffering $8,000.00
TOTAL AWARD $8,712.02
23The 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
24THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $8,712.02
DATED at Toronto this 19th day of February, 2017.
George Berrigan, Member