CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1608-04240
ORDER
Introduction
1The Applicant brings this Application to the CICB in relation to injuries that she suffered as a result of an assault with a weapon committed against her by a patient (the Alleged Offender) while the Applicant was performing her duties as a nurse on [date], 2016. She has made claim for her pain and suffering, loss of income and medical and dental expenses.
2In written submissions to the CICB the Applicant advised that on the incident date she was walking in a corridor of the facility when the Alleged Offender approached her and struck her on the left side of her face with a closed fist that had a screwdriver protruding from his fingers. He continued the assault by repeatedly striking the Applicant in the face and back of her head until she was prone. Other employees physically intervened to stop the assault.
3In a self-report of injuries the Applicant advised that she was transported to the hospital in a neck brace on a backboard. An x-ray did not reveal any fractures and as a result she was discharged with a prescription for pain medication. In the days that followed bruising and swelling developed on the left side of her face, under her eyes and the back of her throat. She was unable to sleep due to pain on the left side of her face and stiffness and significantly reduced range of motion in her neck. She suffered a constant headache and puncture wounds on her face and back of her head became more evident. One of the punctures started leaking fluid. She was unable to open her mouth without pain. Four days post incident she returned to the emergency ward. A CT scan determined that she had a broken bone on the left side of her face and blood and mucous had pooled in her sinus cavity. The Applicant was administered a tetanus shot and discharged with a prescription for antibiotics and stronger pain medication. She subsequently developed symptoms consistent with having suffered a concussion that included: cognitive difficulties, blurred vision, exhaustion, nausea and confusion. The Applicant attended eight weeks of physiotherapy to deal with her neck injury. She continues to experience sporadic headaches and neck stiffness. Scarring remains on the Applicant’s left cheek. During her period of recovery the Applicant was unable to participate in activities that she had previously enjoyed. She was reluctant to disclose the incident to friends/relatives enquired about her injuries. Responding to enquiries caused crying spells and embarrassment. Scarring on her cheek is a constant reminder of the crime committed against her.
4[Name] Police Reports provide an account of the incident that is consistent with the Applicant’s written submissions to the CICB. The Alleged Offender was charged with aggravated assault, assault with a weapon and assault.
5Hospital Reports indicate that on the incident date the Applicant was examined for injuries sustained in this incident. She presented with superficial abrasions on her scalp and complaints of neck and right shoulder pain. A cervical spine x-ray did not reveal any abnormalities.
6She was discharged on the same date. On [date], 2016 the Applicant returned to the emergency ward with complaints of an ongoing headache, left facial swelling and puncture wounds to her skull and left cheek. A CT scan revealed that the Applicant had suffered a transverse fracture of her left maxilla. It was determined that the fracture could be treated conservatively. She was prescribed medication for pain management and an antibiotic.
7The Applicant’s Family Physician provided the CICB with a medical report that indicates that the Applicant was seen on [date], 2016 and [date], 2016 in relation to injuries sustained in this incident. Her injuries included: multiple stab wounds and neck pain. The Applicant was unable to work for one month following the incident and when she returned she was psychologically unable to work directly with patients.
8Physiotherapy reports indicate that the Applicant received treatment for neck and facial pain and headaches stemming from the incident. At the time of her discharge on [date], 2016 it was estimated that she had made an 85% recovery and she was expected to fully recover in approximately three months.
Claims
9Income Loss: The Applicant has claimed income loss in the amount of $1,200.00 for a disability period of [date], 2016 to [date], 2016. WSIB reports indicate that the Applicant received $3,748.16 in benefits during the claimed disability period.
10Dental expenses: $90.00 for a consultation. No treatment required.
Issues
11The 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/loss of income.
Analysis and Decision
12Having considered the evidence presented the CICB finds that the Applicant suffered injuries as a result of an assault with a weapon. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
13In assessing compensation the CICB considered the nature of the incident, the physical injuries sustained, the period of recovery and the psychological impact upon the Applicant. The CICB was mindful that the psychological impact of the incident was exacerbated by having to return to her employment where the incident occurred. Having considered these factors, the CICB awards $6,000.00 for pain and suffering.
14The CICB also awards $90.00 for the cost of a dental consultation.
15Based on the evidence in the claim brief, 85% of the Applicant’s net earnings were covered through a non-taxable WSIB benefit which results in income tax implications that are unique to each recipient of such benefits. Furthermore, during the period of disability, the Applicant did not incur expenses that are usually associated with working outside of one’s home such as, business attire, dry cleaning, public transit, gas and parking, day care for children, restaurant meals, and incidentals. As a result, in the absence of evidence to the contrary, it is the CICB’s view that the Applicant did not sustain an actual wage loss since the 15% difference is offset by the cost savings related to the above factors. The Applicant’s wage loss claim is thereby denied.
Award
16The CICB orders payment as follows:
Section 7(1)(a) dental expense $ 90.00
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $6,090.00
17The 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
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,090.00
DATED at Toronto this 27th day of March, 2017
John Radmore, Member