CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kabir Ravindra
Indexed as: (Re) 1609-04957
ORDER
Introduction
1You are a Police Officer. Your ring finger got closed in the door of the [name] toll collector booth at [location] while in the process of trying to arrest the Offender, who was resisting arrest.
2The Offender was charged and convicted of assault peace officer and other offences, and he was sentenced accordingly.
Decision
3For the reasons set out below, the CICB approves the claim and awards you $3,000.00 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 filed materials indicate that you were attempting to arrest the offender when he went into the [location]. He went into the tollbooth. You attempted to follow him but he slammed the door on your ring finger. You have provided a copy of your memo book notes, which provide plenty of details of the event.
6With respect to the injury, you have indicated in your Application that your finger was broken, but no surgery was required. The [Name] Hospital records confirm the injury as a comminuted fracture on the distal phalanx of the right ring finger. You have indicated that you were not able to work out or golf for a few months as a result of the injury.
7In 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. The 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 $3,000.00 towards your pain and suffering.
8The Workers Safety and Insurance Board (WSIB) report indicates that 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
9The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $3.000.00
TOTAL CURRENT AWARD $3,000.00
10The 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
11THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $3,000.00
DATED at Toronto this 9th day of March, 2017.
Kabir Ravindra, Member