CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1603-02695
ORDER
Introduction
1The Applicant brings this application to the CICB in relation to an assault committed against him by his friend (Offender 1) and Offender 1’s sister (Offender 2) on [date], 2015. He has made claim for his pain and suffering, loss of income and medical and dental expenses.
2In written submissions to the CICB the Applicant advised that on the incident date Offender 1 invited him over to his sister’s home. Initially he was reluctant because his girlfriend had died the day before but eventually he accepted the invitation. When he entered Offender 2’s residence Offender 1 locked and barricaded the door. After socializing for a period of time, Offender 1 told the Applicant that he did not believe the Applicant when he said he hadn’t slept with Offender 1’s girlfriend. Offender 1 struck the Applicant in the left side of the head with a hammer; knocking him unconscious. When he regained consciousness Offender 1 was still beating him with the hammer and Offender 2 was kicking and slapping him about the body until he lost consciousness again. He next recalls waking to find that his back, legs and wrist had been slashed with a knife. Throughout the night the Offender continued to beat him rendering him unconscious numerous times. The attack also included having wine bottles smashed on his head. In the early morning Offender 1 called an unknown female who attended the residence and transported the Applicant to the hospital.
3Hospital Reports provide an account of the incident that is consistent with the Applicant’s written submissions to the CICB. The investigation led to Offender 1 being charged and convicted of Aggravated Assault and Forcible Confinement. Offender 2 was convicted of Assault.
Evidence
4Hospital Reports reveal that on [date], 2015 the Applicant presented at the emergency ward with facial trauma. His left eye was swollen shut and bruised, a left arm deformity, lacerations to his face, left wrist and legs and complaints of rib and right hand pain. CT scans revealed multiple facial bone injuries that included left orbital, zygomatic arch and sinus fractures. Scans of other injury sites did not reveal any fractures. On [date], 2015 the Applicant underwent an open reduction with internal fixation of the orbital floor and zygoma. He was discharged on [date], 2015.
5An Ophthalmology Report indicates that in [date] 2016 the Applicant was diagnosed with ongoing diplopia of his left eye. He was prescribed prism glasses and daily medication for macular degeneration.
6In a self-report of injuries the Applicant described the facial fractures that were described in the submitted Hospital and Ophthalmology Reports. In addition, he advised that the orbital fractures have led to blurred vision and headaches. His left hand and right arm were fractured and were casted until [date] 2016. He required stitches to close wounds on his wrist and legs. He continues to experience pain in his face and ribs. As he was unable to work he lost his apartment and relied upon a relative for shelter. His loss of trust in others has left him isolated.
Claims
7Dental and medical expenses: No receipts provided for consideration.
8Loss of Income: The Applicant has claimed $5,000.00 for loss of income. An Employer’s report indicates that the Applicant did not return to work until [date], 2016 (a disability period of 4 months, 2 weeks and 4 days). Prior to the incident his average net income was calculated at $1,289.38 per month.
Issues
9The CICB must determine the following:
Whether the Applicant suffered injuries as a result of crimes of violence within the meaning of section 5(a) of the Act.
If so, an appropriate level of compensation, if any, for the Applicant’s pain and suffering.
Whether the Applicant should be compensated for the claimed expenses/loss of income.
Analysis and Decision
10Having considered the evidence presented the CICB finds that the Applicant suffered injuries as a result of an Aggravated Assault committed against him by the Offenders. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
11The Applicant was the victim of a senseless vicious attack with a weapon at the hands of multiple offenders over the course of many hours. In assessing compensation the CICB considered the violent nature of the incident, the physical injuries sustained, the medical procedures endured, the disability period and the ongoing physical and emotional issues that persist. Having considered these factors, the CICB awards $6,000.00 for pain and suffering.
12The CICB’s general practice is to award a maximum of $1,000.00 per month, $250.00 per week and $50.00 per day for income loss. The CICB finds no reason to deviate from this practice in these circumstances. The disability period as provided in the submitted Employer’s report is accepted as reasonable in consideration of the injuries sustained. Accordingly, the CICB awards $4,700.00 (4 months @ $1,000.00/month plus 2 weeks @ $250.00/week plus 4 days @ $50.00/day).
13The Applicant has not provided receipts and details of his claims for medical and dental expenses that he claimed in his application to the CICB. Accordingly, these claims are denied.
Award
14The CICB orders payment as follows:
Section 7(1)(b) Income Loss $4,700.00
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $10,700.00
15The 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
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,700.00
Dated in Toronto on this 1^st^ day of March, 2017
______________________________
John Radmore, Member