CRIMINAL INJURIES COMPENSATION BOARD
Adjudicators: Keith Forde and Christine McGoey
Indexed as: (Re) 0609-61488
REVIEW DECISION
Introduction
1The Applicant requested a review of the Criminal Injuries Compensation Board (CICB)'s Decision, issued July 13, 2018 refusing to vary its original Order, issued October 8, 2008, to allow for compensation for prescribed medical marijuana. The request for review was made in accordance with section 10(1) of the Compensation for Victims of Crime Act, RSO 1990 c. C24, as amended (CVCA).
2Section 10 provides:
(1) Where an application is heard by a single member of the Board under section 9, the applicant or the Minister may, within fifteen days after service of the decision of the member, require a hearing and review by the Board and the Board shall fix a time and place for the hearing and shall at least ten days before the day fixed cause notice thereof to be served upon the parties to the proceeding.
(3) The hearing shall be conducted and the jurisdiction of the Board shall be exercised by at least two members of the Board and the member whose decision is being reviewed shall not sit on the review.
(4) After a hearing and review by the Board under this section, the Board shall make its order in accordance with this Act and its order supersedes the order of a single member made under section 9 that is the subject of the hearing and review.
3Rule 19.2 of the CICB’s Rules states:
An applicant may request a review of the decision of a single member on the grounds that the decision contains a serious error of law or an unreasonable exercise of discretion.
Issue
4The original Order awarded the Applicant $12,500.00 for pain and suffering and $6,087.20 for expenses. In that Order the CICB brought section 25, the variation provision of the CVCA, to the Applicant’s attention if further treatment was required.
5In support of his section 25 application, the Applicant filed a medical report from his family physician dated May 7, 2018 and a Consultation Summary from a medical marijuana dispensary.
6In denying the variation the Vice-Chair noted that the original claim was for mental and nervous shock arising from the murder of the Applicant’s father thirty-three years ago. The Applicant had been prescribed Paxil and Lorazepam with poor results. The new plan recommended medical marijuana and a reduction in Paxil. The Vice-Chair found that the same symptoms were before the CICB at the time of the original application and that the original Order was reasonable.
7The Panel must decide whether the Applicant has identified a serious error of law or an unreasonable exercise of discretion in refusing to vary the original Order.
Decision
8For the following reasons the Panel grants the request for review.
9The Applicant gave evidence at the review hearing. He had been prescribed cannabis oil with a low THC content for anxiety and began taking it in the summer of 2018 at a cost of $160.00 a month. This is significantly less than the cost anticipated in his original variation request. The Applicant is on a fixed income receiving a pension and it is a significant cost to him.
10The Applicant has also been under the care of a psychiatrist for his depression and anxiety. He was referred to another psychiatrist and has been on a wait list for the last 3 or 4 months. He expects to continue treatment with a psychiatrist shortly.
11The Applicant testified that after taking medical marijuana as prescribed there has been a significant improvement in the reduction of his symptoms of PTSD. The night terrors he experienced are gone. His anxiety has been significantly reduced. While he still experiences panic attacks they are not as frequent or severe and do not last as long. He still suffers from depression. The significant improvement in symptoms has been such that he no longer takes Lorazepam.
12We now have the benefit of hearing from the Applicant about the benefits of the prescribed treatment in dealing with the PTSD he has experienced since the murder of his father. We also note that at the time of the original Order the possibility of further treatment expenses was contemplated. In these circumstances we find that the denial of the request for variation was unreasonable.
13Currently, given the fairly recent rise in medical prescriptions for medical marijuana and that prescriptions are not covered by OHIP or other provincial health insurance programs and many private insurers at this time, we authorize Canvas Rx to provide the Applicant with a six month supply of medical marijuana at a maximum cost of $160.00 per month. This six month term is in keeping with the CICB’s current practice. The total cost of the six month supply shall not exceed $960.00. Payment will be made directly to Canvas Rx upon submission of an invoice. Please note this authorization is effective from the date of this Order.
Award
14The CICB orders compensation as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense
$ 960.00
Total Pre-Authorized Award
$ 960.00
Dated at Toronto on March 22, 2019
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Keith Forde, Board Member
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Christine McGoey, Board Member