Re 1606-03899, 2017 ONCICB 52

Criminal Injuries Compensation Board

Adjudicator: Dawn Sullivan
Date: March 06, 2017
Indexed as: (Re) 1606-03899

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (“CICB”) to compensate him for injuries resulting from a crime of violence perpetrated by the Offender on [date], 2014, 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.

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], 2014, the Offender struck the Applicant on the top back part of his head with a rock. The Applicant and the Offender engaged in a physical altercation during which the Offender managed to strike the Offender with the rock a couple more times. The Offender started to bite the Applicant around the stomach area. The Offender was convicted of Assault Bodily Harm. The fact the Offender has 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 he is a victim within the meaning of section 5(a) of the Act.

4In assessing compensation for pain and suffering, I considered the nature of the incident, including the fact it was an unprovoked assault with an improvised weapon, and the injuries sustained. Hospital records indicate the Applicant did not suffer any loss of consciousness and denied any neck or back pain. He presented with a mild headache, mid occipital deep abrasion/contusion and hematoma, and a human bite mark along the front right side of his abdomen/chest. He received 17 staples to close the wound on his head and treated with antibiotics and tetanus shot for the bite marks. The Applicant received follow-up care with his family physician. His staples were removed on [date], 2014 and it is noted the laceration to the top of his head had healed well.

5The Applicant indicates that following the incident, his stuttering re-emerged and his spelling and reading levels receded. He submits that he struggles with his chronic headaches and memory issues. He experiences mood swings and is often angry, sad, or depressed. He has become quite isolated and has struggled with fear of helping others. Having considered the factors noted above, including the impact the incident continues to have upon the Applicant, the CICB awards the Applicant $4,000.00 in pain and suffering.

Award

6The CICB now orders payment as follows:

Section 7(1)(d) Pain and Suffering $4,000.00

TOTAL ORDERED AT THIS HEARING: $4,000.00

Payment

7THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00