CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore Date: March 27, 2017 Indexed as: (Re) 1608-04313
ORDER
Introduction
1The Applicant brings this application to the CICB in relation to injuries that she suffered as a result of a robbery and criminal negligence committed against her by a stranger (the Offender) on [date], 2014. She has made claim for her pain and suffering, loss of income and the cost of a medical note.
2In written submissions to the CICB the Applicant advised that on the incident date she was a passenger in a van driven by her common-law husband. Her son, her step-daughter and her step-daughter’s young son were also passengers in the vehicle. When they stopped at a stop sign the Offender approached them yelling that he needed help getting to a hospital. He was bleeding from a wound on his arm. The Applicant’s spouse pulled their van into a parking lot and the Applicant, her spouse and her son exited to assist the Offender. The Offender ran to the van and was attempting to drive away with the Applicant’s stepdaughter and the child in the back seat. The Applicant attempted to reason with him and pull him from the vehicle but the Offender accelerated and set the vehicle in motion. The Applicant was struck with the open door and knocked unconscious and her right foot was run over. The Offender fled the scene in the vehicle and emergency services attended the scene. The Applicant was transported to the Hospital for treatment of her injuries. Her fears that her step-daughter and her child would be harmed were eased when she was advised at the Hospital that they were safe.
3Police Reports provide an account of the incident that is consistent with the Applicant’s written submissions to the CICB. The investigation led to the Offender being charged with robbery with violence, dangerous operation of a motor vehicle and criminal negligence causing bodily harm. He was convicted of criminal negligence causing bodily harm. He was sentenced to 10 months in custody followed by probation for three years.
Evidence
4Hospital Reports indicate that on the incident date the Applicant attended the emergency ward by ambulance. She presented with complaints of pain in her right heel and the left side of her head. Abrasions and swelling were noted on her right ankle and a large haematoma was observed on the back of her head. CT scans and x-rays revealed a possible right talus fracture. The Applicant was provided pain medication and she was referred to the fracture clinic for follow-up. She was discharged on the same date with her right foot protected/immobilized in a posterior slab due to multiple ligament injuries. Follow up reports reveal that the Applicant developed an open wound on her right foot that required daily dressing changes and treatment that included debridement. Coccyx pain that made sitting difficult is noted.
5The Applicant’s Family Physician provided the CICB with a Medical Report that indicates that the Applicant suffered an open wound to her right foot, a contusion on the back of her head and PTSD as a result of this incident. She was treated on numerous occasions for the ankle laceration and cellulitis. The Applicant has attended bi-weekly sessions with a psychologist and continues to require daily medication to assist with symptoms of PTSD.
6An Occupation Therapy Assessment dated [date], 2015 indicates that the Applicant has been diagnosed with PTSD and Adjustment Disorder with depressive episodes.Other trauma symptoms included anxiousness, sleep difficulties and flashbacks of the incident.
7Photographs of the Applicant’s right foot wounds were reviewed at the hearing.
8In a self-report of injuries the Applicant provided details of her injuries that are consistent with the submitted Medical and Hospital Reports. In addition she advised that she experienced nausea as a result of the pain medication she was provided at the hospital. Her right foot/ankle left her with significant difficulties ambulating. She was dependent on her husband for home activities and personal care. Her right foot wound required intravenous drugs for one week and frequent dressing changes. She was prescribed medication for anxiety, depression and disturbed sleep. Psychological symptoms/difficulties included: crying spells, exaggerated startle response, general anxiety and anxiety triggered by violence on television and driving a vehicle, irritability, anger, sleep disturbances, nightmares, flashbacks, intrusive thoughts of the incident, unwarranted self-blame, social withdrawal and loss of trust in others.
Claims
Income Loss
9The Applicant has made claim for loss of income for a disability period of 24 months (the incident date to [date], 2016). Employer’s reports confirm the Applicant’s absence during the claimed period. The Applicant’s average net income prior to the incident has been calculated at $1,959.87/month. Total loss of income for the claimed disability period has been calculated at $47,039.28 (24 months @ 1,959.97/month). During the disability period the Applicant received $39,518.54 in insurance benefits for loss of income. Net income loss has been calculated at $7,520.74 ($47,039.28 minus $39,518.54).
10Doctor’s report: $150.00
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 bodily harm as a result of a robbery and criminal negligence committed against her by a stranger (the Offender). Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
13The Applicant was the victim of a crime of violence that resulted in her suffering physical and psychological injuries. In assessing compensation, the CICB considered the nature of the incident, the physical injuries sustained, the complication experienced, the period of recovery, the disruption in her personal and profession life, the physical issues that persist and the significant psychological impact that has resulted from this senseless crime. The CICB was mindful that the psychological trauma of the incident was exacerbated by the Applicant’s fear that her loved ones that were abducted would be harmed in the incident. Having considered all these factors, the CICB awards $10,000.00 for pain and suffering.
14In relation to the Applicant’s claim for loss of income the CICB awards $7,520.74 as calculated in the claims section of this order.
15The CICB also awards $150.00 for medical reports.
16Evidence on file indicates that a civil claim has been commenced in relation to damages sustained in this incident. Should the Applicant be awarded compensation as a result of civil suit, the Applicant must notify the CICB immediately since the CICB is entitled to be reimbursed from those funds for any amount of compensation it has awarded to the Applicant, pursuant to section 26(5.1) that states:
26 (5.1) The Board is entitled to be reimbursed, out of any amount recovered by the applicant from the offender or any other party, for the amount of compensation awarded to the applicant.
Award
17The CICB orders payment as follows:
Section 7(1)(b) Income loss $ 7,520.70
Section 7(1)(d) Pain and Suffering $10,000.00
Section 22 (medical report) $ 150.00
TOTAL AWARD $17,670.74
18The 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
19THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $17,670.74
DATED at Toronto this 27^th^ day of March, 2017
John Radmore, Member