(Re) 1602-02640, 2017 ONCICB 48

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Dawn Sullivan Date: March 06, 2017 Indexed as: (Re) 1602-02640

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (“CICB”) to compensate her for injuries resulting from a crime of violence perpetrated by the Offender on [date], 2015, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant seeks compensation for pain and suffering and expenses.

Issue

2The CICB must determine the extent of the Applicant’s injuries and the appropriate level of compensation.

Analysis and Decision

3Police documentation indicates that on [date], 2015, the Applicant was walking home with friends. Offender 1 was driving a vehicle with Offender 2 and another male riding as passengers.

4The car approached the Applicant and Offender 1 had the male occupant jump out of the vehicle and pushed the Applicant into a snow bank. Offender 2 then got out of the vehicle and began to punch, kick, and pull the Applicant’s hair.

5The Offenders were convicted of Assault. The fact the Offenders have been convicted of a crime of violence is conclusive evidence the event occurred. Having considered the documentary evidence on file regarding the Applicant’s injuries, I find that she is a victim within the meaning of section 5(a) of the Act.

6In assessing compensation for pain and suffering, the CICB has considered the nature of the incident and the injuries sustained. Police documentation indicates the Applicant sustained an abrasion to her arm.

7The Applicant notes in her claim Application that she sustained a lifted left retina, shattered cheekbone, damaged jaw, a black eye, and cuts and bruises. She states she experiences overall body pain and struggles with sleep disturbances. She submits that as a result of the injury to the left retina, she has an increased chance of blindness. She also reported to suffer from headaches, blurry vision, feelings of self- consciousness, and fear and anxiety.

8The CICB has been provided with a Hospital Report from [Name] General Hospital from the date of the incident. The records indicate the Applicant reportedly had been suffering from blurred vision in her left eye since an early assault in [date] 2014. The records notes the Applicant presented with facial bruising and pain but no facial fractures. She complained of pain of her leftward and outward gaze in the left eye and blurry vision.

9The CICB has not been provided with any medical evidence to corroborate the Applicant’s statement that she suffered an injury to her left retina that has impacted her vision. As noted in the Hospital Report, the Applicant self-reported that the vision in her left eye had been blurry and impaired since an earlier assault in 2014. Additionally, there is no medical evidence to conclude the Applicant suffered a shattered cheekbone or damaged jaw. Accordingly, the CICB did not take these injuries into consideration when assessing pain and suffering. The CICB has considered the abrasions and bruising in terms of its assessment of pain and suffering. Additionally, the CICB took into consideration the impact the incident had upon the Applicant’s feelings of self and safety. Having considered these factors, the CICB awards the Applicant $1,000.00 in pain and suffering. The CICB further orders $35.00 to be reimbursed to the Applicant for her costs associated with the hospital records.

Award

10The CICB now orders payment as follows:

Section 7(1)(d) Pain and Suffering $1,000.00

Section 22 Hospital Records $ 35.00

TOTAL ORDERED AT THIS HEARING: $1,035.00

Payment

11THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $1,035.00