CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1604-03041
ORDER
Introduction
1The Applicant brings this Application to the CICB in relation to injuries that she suffered as a result of an assault committed against her by a friend (the Offender) on [date], 2015 at her home. She has made claim for her pain and suffering and dental, travel to treatment and future therapy expenses.
2Police Reports indicate that on the incident date the Applicant intervened in a dispute between the Offender and another female. The Offender grabbed her by the neck, pinned her against a door and punched her three times in the face. The Offender was arrested and charged with assault and uttering death threats. He was convicted of assault contrary to section 266 of the Criminal Code of Canada.
3Medical reports indicate that on the day following the incident the Applicant attended the Health Centre. She presented with a swollen and bruised right eye, a cut on the right side of her nose, bruises on her right cheek and shoulder and abrasions on her neck. She complained of jaw soreness and three broken teeth. Her cut and abrasions were cleaned and dressed.
4The Applicant’s Family Physician provided the CICB with a medical report that indicates that the Applicant’s pre-existing anxiety and depression were exacerbated as a result of the incident. Her physical injuries resolved in due course but she continues to suffer from severe anxiety. It is opined that the Applicant would benefit from counselling.
5Dental Reports indicate that the Applicant required extractions of teeth #45 and #46.
Claims
6The Applicant has indicated that dental and travel to treatment expenses were covered by ODSP.
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 the claimed expenses.
Analysis and Decision
8Having considered the evidence presented the CICB finds that the Applicant suffered injuries as a result of an assault committed against her by the Offender. Accordingly, the CICB finds her to be a victim within the meaning of section 5(a) of the Act.
9In assessing compensation the CICB considered the violent nature of the incident, the physical injuries sustained and the exacerbation of the Applicant’s pre-existing anxiety and depression that resulted from the incident. Having considered these factors, the CICB awards $6,000.00 for pain and suffering. The CICB denies the Applicant’s claim for expenses as they were covered by ODSP benefits.
10Based on the Applicant’s Family Physician’s recommendation, the CICB authorizes up to $2,400.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the time that the Applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $2,400.00 amount described above.
Award
11The CICB orders payment as follows:
Section 7(1)(a) Future Pre-Authorized Therapy Expense $2,400.00
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $8,400.00
Less: Preauthorized treatment costs $2,400.00
TOTAL CURRENT AWARD $6,000.00
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 $6,000.00
DATED at Toronto this 10^th^ day of March, 2017.
John Radmore, Member