CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: James Graham
Indexed as: (Re) 1801-00109
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (CVCA). The Applicant is seeking compensation for treatment expenses and pain and suffering as a result of a physical assault that occurred on [date], 2017 where he sustained physical and psychological injuries. The incident was reported to the police but did not result in convictions because the Offenders could not be identified.
Decision
2The CICB approves the claim and awards the Applicant the sum of $4,000.00 for pain and suffering and $1,200.00 for future therapy for the reasons set out below.
Issues
3The absence of a conviction does not mean that the CICB is precluded from making an order of compensation. Subsection 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence but also that his injuries resulted from the crime pursuant to subsection 5(a) of the CVCA.
Hearing
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim:
The Application
Police general occurrence report
Hospital records
6The Applicant claims that on [date], 2017 two men came into his apartment, uninvited, and one of them assaulted him with a bat, striking him on the left wrist, the left ribs, and the left knee. The Alleged Offender then took the Applicant’s stereo and left. The Alleged Offender and his companion were not known to the Applicant.
7As soon as the Alleged Offender left, the Applicant called the police. An investigation followed, but the Alleged Offender and his companion were not identified. A neighbour advised police that he heard screaming at about the time of the assault. In its report, the police noted bruising to the Applicant’s left wrist, to his ribcage and on his left thigh above the knee.
8The Applicant claims that he suffered two fractured bones in his wrist, four fractured ribs on his left side, and bruising to his left leg. He says that he wore a wrist brace for a month and a half and took Tylenol 3 for pain. He says that he was still had limited movement in his wrist and pain in his ribs and that his knee still hurt when he bent it at the time of the Application, January 2018. He also says that he became very concerned for his safety and so has moved to another location. However, he claims that he has flashbacks, and doesn’t sleep well and finds himself looking over his shoulder.
9The Applicant’s version of the assault is consistent with the police report.
10Hospital records disclose that the Applicant did not suffer fractured ribs as a result of the assault although there was a suspected undisplaced fracture to his left wrist, which was treated using a wrist guard, and a bruise to his left thigh. There is no mention of injury to the Applicant’s knee.
Analysis and Decision
11Based upon the Applicant’s claim and the police report, the CICB finds on the balance or probabilities that the Applicant was struck three times with a baton on [date], 2017 and so is the Applicant of a crime of violence. The CICB accepts the hospital version of his injuries including a possible fracture to his left wrist, and a bruise to his left thigh. The CICB finds that the Applicant also suffered a blow to the ribs but that ribs were not broke. The CICB accepts the Applicant’s claim that he suffered pain for a period of time, and had difficulty with his wrist. Without medical evidence, the CICB is not prepared to find that he continues to have any physical problems with his injuries. The CICB accepts the Applicant’s claim that he has flashbacks, has become concerned for his own safety and has trouble sleeping. Based upon these findings, the CICB determines that an appropriate award for pain and suffering is $4,000.00.
12Based on the Applicant’s statement that he would benefit from counselling, the CICB authorizes up to $1,200.00 (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 his 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 amount described above.
Award
13The CICB orders payment as follows:
Subsection 7 (1) (a) Expenses $1,200.00
Subsection 7 (1) (d) Pain and Suffering $4,000.00
TOTAL AWARD $5,200.00
Less: Preauthorized treatment costs -$1,200.00
TOTAL CURRENT AWARD $4,000.00
Payment
14The CICB orders that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto this 15th day of November, 2018.
James Graham, Member