CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1604-03218
ORDER
Introduction
1The Applicant brings this Application to the CICB in relation to injuries that she suffered as a result of an assault committed against her by her daughter’s boyfriend (the Alleged Offender) on [date], 2016. She has made claim for her pain and suffering and loss of income.
2In written submissions to the CICB the Applicant advised that on the incident date she drove to the station to meet her daughter and the Alleged Offender in order to return a rental car. When she arrived the Alleged Offender would not allow her daughter to exit the rental vehicle. The Applicant attempted to intervene but the Alleged Offender slammed the car door against her. The Alleged Offender exited the rental car and entered the driver’s side of the Applicant’s vehicle. When the Applicant attempted to prevent him from stealing her car, the Alleged Offender punched her multiple times in the face. The Applicant attended the police station and reported the incident. The Alleged Offender was arrested near the Applicant’s home after he had damaged her home.
3Police Reports provide an account of the incident that is consistent with the Applicant’s written submissions. The Alleged Offender was charged with 2 counts of Assault and Mischief to Property. In a plea agreement, the Alleged Offender was convicted of Mischief.
Evidence
4In a self-report of injuries, the Applicant advised that she sustained right sided jaw swelling, a black right eye and a cut on the inside of her lip. She has experienced ongoing daily pain in her head that her Family Doctor has attributed to nerve irritation. She was embarrassed at her appearance and to explain the incident to her Employer. The Applicant continues to fear the Alleged Offender.
5The Applicant’s Family Physician provided the CICB with a Medical Report that indicates that the Applicant suffered facial swelling and sharp head pains attributed to nerve irritation. She was prescribed pain medication and massage therapy. Full recovery was expected by the end of [date] 2016. The Applicant’s injuries prevented her from working from [date], 2016 to [date], 2016.
Claims
6Loss of Income: The Applicant has made claim for a three day disability period. Employer’s reports have been relied upon to establish the Applicant’s average net daily income at $37.01.
Issues
7The 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 loss of income.
Analysis and Decision
8Having considered the evidence presented the CICB finds that the Applicant suffered injuries as a result of a crime of violence. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
9In assessing compensation the CICB considered the nature of the incident, the physical injuries sustained and the emotional impact upon the Applicant. Having considered these factors, the CICB awards $4,000.00 for pain and suffering.
10In relation to the Applicant’s claim for loss of income, the CICB awards $111.03 (3 days @ $37.01/day).
Award
11The CICB orders payment as follows:
Section 7(1)(b) Income Loss $ 111.03
Section 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $4,111.03
12The 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
13THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,111.03
DATED at Toronto this 1st day of March, 2017.
John Radmore, Member