Criminal Injuries Compensation Board
Adjudicator: Kabir Ravindra
Date: March 09, 2017
Indexed as: (Re) 1601-02193
ORDER
Introduction
1You are a police officer. You broke your right hand attempting to restrain a suspect. The Offender was charged and convicted of assault peace officer and disturbing the peace.
2Please note that, due to the conviction, the Offender was not notified of your claim or provided with any of your personal information.
Decision
3For the reasons set out below, the CICB approves the claim and awards you $3,500.00 for pain and suffering.
Issues
4In light of the conviction, there is no issue that the crime was committed. The sole issue to be considered is the scope of the injury and the appropriate pain and suffering award in keeping with the CICB’s mandate.
Analysis
5The Police Report indicates that the Offender and his brother were arrested for causing a disturbance at a hotel. The Police transported the Offender to the police station after arresting him. The Offender was uncooperative and belligerent, and had to be physically restrained. The Offender was transported to a cell and lunged at one of the officers. You attempted to restrain the Offender and pull him off your colleague. Once the Offender was successfully handcuffed, you were transported to Hospital because you had sustained a broken right hand during the scuffle.
6In light of the conviction, the CICB accepts the version of events as set out in the Police Report and your Application.
7The Hospital Report confirms you fractured your right D5 metacarpal. This “Boxer’s fracture” required surgery a week later, in order to reset the bone. You are right hand dominant. You have indicated that you were unable to perform many of your usual activities that Christmas season. You experienced some frustration with daily tasks, as your hand did not have full range of motion. You required physiotherapy to bring it back to full functioning.
8In light of the conviction, and noting the medical confirmation of your injuries, the CICB finds that you were a victim of a crime of violence, as set out in section 5(a) of the Act.
9The CICB does its utmost to ensure consistency of its decisions, regardless of which Member considers the claim, or if it is heard by one or two Members. In light of what took place and how it has impacted you, the CICB finds it would be consistent and within its mandate to award $3,500.00 towards your pain and suffering.
10You made a claim to the Workers Safety and Insurance Board (WSIB). The WSIB report indicates you are not being considered for a non-economic loss award, which is similar to a pain and suffering award at the CICB. You have advised that you are not claiming for lost regular wages. Please note that the CICB does not have a mandate to make a separate award for lost overtime or paid duties.
Award
11The Board CICB payment as follows:
Section 7(1)(d) Pain and Suffering $3,500.00
TOTAL CURRENT AWARD $3,500.00
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 $3,500.00
DATED at Toronto this 9th day of March, 2017.
Kabir Ravindra, Member