CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1706-02042
ORDER
Introduction
1The Applicant is seeking compensation from the Criminal Injuries Compensation Board (CICB) pursuant to section 5(b) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”).
2The Applicant is seeking compensation for pain and suffering for physical injuries while escorting the Alleged Offender, a prisoner, to his cell who was attempting to elbow another police officer in his face on [date], 2015, at the police station in the [City].
3In addition, the Applicant is also claiming for travel to treatment from [location] to [location] 5 trips; and from [location] to [location] 5 trips.
4The Alleged Offender was charged with assault with a weapon and assault peace officer in relation to other police officers but not against the Applicant. Hence, the reason the Alleged Offender was being removed to the cells by the Applicant.
5The CICB grants compensation to the Applicant in the amount of $1,500.00 for pain and suffering and $218.64 for travel to treatment expenses, for the reasons set out below.
Issues
6The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence, but also that as a result of this crime of violence, he suffered an injury pursuant to section 5(a) of the Act;
The CICB shall make an assessment of the severity of injuries suffered by the applicant as a result off the crime of violence;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount; and
7The CICB must assess whether the Applicant’s claim for travel to treatment expenses is reasonable within the scope of the Act.
Evidence
Applicant’s Evidence
8The following is a summary of the facts and circumstances taken from the Applicant’s Application and from the [Name] Police Service correspondences to the CICB.
a. The Applicant is a police officer for the [Name] Police Service. On [date], 2015, the Alleged Offender was arrested and brought to the police station charged with assault with a weapon against another patron at bar in [City].
b. In the police station the Alleged Offender refused to co-operate with police or stand on his own feet and laid on the floor as police searched him.
c. The Alleged Offender refused to walk under his own power and had to be dragged from the cell bay into the lock up area. Once inside the booking area, the Alleged Offender stood up. While being taken to the cell corridor, the Alleged Offender was being controlled on the left side by the Applicant and another police officer on the right side when he suddenly pushed down with his body weight and then lunged backward, leading with his right elbow toward the face of the other police officer. The other officer reacted in time to stop the blow from landing on his face.
d. The Alleged Offender was grounded by the Applicant and other officers, in the process, the Applicant dislocated his small finger on his left hand.
e. The Alleged Offender was then charged accordingly with assault against the other police officer.
The Applicant also provided the CICB various documents in support of his claim
a. The CICB was in receipt of a medical report from [Hospital] which noted that the Applicant presented with a volar and lateral dislocation at the PIP joint little finger. The report also noted that the Applicant had previously dislocated the same finger when he was in high school and as a result, he was left with some residual deformity of the same finger.
b. The CICB was also in receipt of a report from [Name] Rehabilitation which noted the pre- existing injury and deformity of the Applicant’s finger. The report also noted that the Applicant's prognosis was good as his finger had recovered to maximum recovery.
Injuries
Physical
9The Applicant noted he received the following injuries:
a. Severe dislocation of his left hand’s small finger;
b. Left hand is in a constant state of discomfort and tingle;
c. Cracking knuckles; and
d. Finger is consistently at a 45 degree angle and his tendons are weakened.
10The Applicant did not note any psychological/emotional injuries in his Application to the CICB.
Analysis
[Section 5](https://www.canlii.org/en/on/laws/stat/rso-1990-c-c24/latest/rso-1990-c-c24.html)(b) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-c24/latest/rso-1990-c-c24.html)
11The Applicant suffered an injury in a spontaneous reaction in an attempt to prevent his partner from being assaulted by the Alleged Offender. The Alleged Offender had previously assaulted a patron in a bar with a beer bottle for which he was charged. When the Alleged Offender was in the police station he refused to co-operate and had to be dragged to the cells.
12In consideration of the totality of the documentary evidence, including information from the Applicant, the [Name] Police Service and the relevant hospital and physiotherapy evidence, the CICB is persuaded that there is sufficient credible and reliable documentation to conclude that the Applicant suffered an injury occurring when he was attempting to prevent the Alleged Offender from assaulting his partner. Accordingly, the CICB concludes that the Applicant is compensable within the meaning of section 5(b) of the Act which reads:
- Where any person is injured or killed by an act or omission in Ontario of any other person occurring in or resulting from,
(b) Lawfully arresting or attempting to arrest an offender or suspected offender for an offence against a person other than the applicant or his or her dependent or against such person’s property, or assisting a peach officer in executing his or her law enforcement duties…
Level of Compensation
13While the Applicant’s characterization of the nature of his injuries to his left hand small finger does not match the descriptions in the hospital reports and that in the physiotherapy reports, it is nonetheless clear that the Applicant suffered a dislocation of the joint on his left hand small finger. Further, as mentioned in both the hospital and physiotherapy reports that the Applicant had the similar injury to the same finger when he was in high school which left some deformity to said finger.
14In consideration of the permanent nature of the Applicant’s injury, the fact that his left hand is in a constant state of discomfort and tingles and that his knuckles makes a cracking sound; the fact that he had to wear a cast for a period of time, the extent of the physiotherapy treatment required, the CICB assesses compensation for pain and suffering in the amount of $1,500.00.
15I am awarding you travel to treatment costs in the amount of $218.64, calculated at the CICB’s standard rate of 40¢ per kilometre (3 trips x 182.2 kilometres per trip x 40¢ per kilometre). Information on file confirmed that you made trips to [Hospital] on [dates], 2015.
16Your claim for travel to treatment is denied because you were not required to travel more than 40 kilometres each way for your treatment. This claim is in relation to your six trips to [address] to attend physiotherapy.
Award
17The CICB orders payment as follows:
Section 7(1)(a) Travel to treatment $ 218.64
Section 7(1)(d) Pain and Suffering $1,500.00
TOTAL AWARD $1,718.64
18The 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
19THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $1,718.64
DATED at Toronto this 28th day of December, 2017.
Keith Forde, Member