CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1403-95164
ORDER
Introduction
1The Applicant brings this Application to the CICB in relation to injuries that he suffered as a result of an assault committed against him by a stranger (the Alleged Offender) on [date], 2013 at a restaurant. He has made claim for his pain and suffering and loss of income.
2Police Reports reveal that on the incident date the Applicant was operating a karaoke machine at a restaurant. The Alleged Offender assaulted several people including the Applicant in unprovoked attacks. The Applicant was struck on the left side of his head; knocking him off the chair he was sitting on. In relation to the Applicant the Alleged Offender was charged with assault contrary to section 266 of the Criminal Code. In a plea agreement, he pleaded guilty to three counts of assault in exchange for the withdrawal of charges in relation to the Applicant and several other victims.
Evidence
3Hospital reports reveal that on [date], 2013 the Applicant attended the emergency ward with complaints of facial pain, nausea, dizziness and drowsiness since an assault one week earlier. Extreme bruising was noted to the Applicant’s face. A CT scan revealed that the Applicant had sustained a minimally depressed left nasal bone fracture. He was prescribed narcotic medication for pain management.
4In a self-report of injuries the Applicant advised that he suffered facial bruising and his left eye was swollen shut. The bruising extended into his throat and chest. His back had severe bruising as a result of being knocked to the floor from the force of the punch. There was bleeding from his mouth and nose for several hours. He experienced concussion-like symptoms that persisted for four to six weeks that included: headaches, blurred vision, nausea, fatigue and dizziness. The psychological impact of the incident and his appearance left him depressed and he self-isolated at home for several months. The Applicant remains fearful of the Alleged Offender and of being approached by people.
5He feels vulnerable to being victimized again. Since the incident the physical injuries that he suffered has resulted in him missing employment opportunities and having to cancel performances due to headaches and eye dysfunction.
Claims
Loss of Income
6The Applicant has requested consideration for loss of income that has resulted from his medical symptoms and appearance. No medical evidence or income documentation has been submitted in support of the claim.
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 income loss.
Analysis and Decision
8Having considered the evidence submitted the CICB finds that the Applicant suffered bodily harm as a result of an assault committed against him by the Alleged Offender. Accordingly, the CICB finds the Applicant to be a victim of a crime of violence within the meaning of section 5(a) of the Act.
9The Applicant was the victim of an unprovoked and violent assault at the hands of a stranger. In assessing compensation the CICB considered the nature of the incident, the physical injuries sustained and the psychological impact upon the Applicant. The CICB also accepts that the Applicant’s employment and income were negatively impacted as a result of the injuries sustained in this incident. Having considered these factors, the CICB awards $6,500.00 for pain and suffering.
Award
10The CICB orders payment as follows:
Section 7(1)(d) pain and suffering $6,500.00
TOTAL AWARD $6,500.00
11The 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
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,500.00
DATED at Toronto this 10th day of March, 2017
John Radmore, Member