CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1605-03388
DECISION
[1] Section 7 of the SPPA
The Applicant, having been duly notified of the Hearing, failed to attend. Pursuant to section 7 of the Statutory Powers Procedure Act, the Board proceeded to hear this application based on the documentary evidence filed with it
Introduction
2The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for an injury resulting from a crime of violence. The Applicant is seeking the following forms of compensation for pain and suffering, travel to treatment, loss of wages, and medical expenses.
Decision
3In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB (select from dropdown) the Application and awards the Applicant $3381.60. The reasons for this Decision follow below.
Hearing
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Analysis
Crime of Violence
5There was no conviction in respect of the incident.
6Section 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 injuries.
7The Applicant is required to prove, on a balance of probabilities, not only that she was a victim of a crime of violence but also that the injuries resulted from the crime.
8I find the Applicant is a victim of a crime of violence because she was attempting to apprehend the Alleged Offender in a foot chase and had to be taken down to the ground. He was wanted for several criminal activities.
9I find the Applicant’s injuries resulted from the crime of violence because medical report and report from WSIB confirm that the injuries she had sustained were as a result of the incident on May 14, 2014.
10The Applicant must prove, on a balance of probabilities, that the injuries resulted from preventing, or attempting to prevent, the commission of an offence or suspected offence against a person.
Injury
11I find the Applicant’s injuries resulted from the incident on May 14, 2014 while attempting to arrest the perpetrator. She had sustained a tear in the labrum and an impingement of the right shoulder requiring surgical intervention. She had a preexisting injury sustained while playing soft ball in 2014. The family doctor notes that this incident aggravated the pain and made it worse.
12She underwent extensive physiotherapy and was prescribed naproxen and Tylenol for pain relief. She was assigned modified work from November 26, 2014 to December 8, 2014. Prognosis is reported to be good but the doctor adds that the Applicant requires recovery time to return to work. .
13After considering the evidence the CICB is satisfied there are no s. 17 issues relevant to deciding this Application.
Compensation
Pain and Suffering
14In assessing the claim for pain and suffering the CICB considered the nature of the incident, the physical injuries requiring surgical intervention, the limitations imposed by the injuries and the necessity to do modified duties for a period of time.
Expenses and Income loss
15The Applicant must provide reliable evidence to support the claims for:
expenses actually and reasonably incurred as a result of injury
income or pecuniary loss incurred as a result of her total or partial disability affecting her capacity for work
16The Applicant's claim for expenses for travel for treatment cost is awarded in the amount of $381.60 calculated at the Board’s standard rate of 40¢ per kilometre (9 trips @ 106 kilometres per trip @ 40¢ per kilometre).
17The Board generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount(s) claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the Board denies the expense claims for Hospital cost of $300.00 and prescription medication cost of $100.00.
18The Board also denies the claim for physiotherapy expenses of $500.00, shoulder immobilizer, and cryotherapy as these are covered by private insurance.
19The Applicant is claiming overtime loss of income in the amount of $4,532.00 for the period November 5- November 26, 2014. Employer’s report states that she was covered for sick time for this period but lost out on overtime. As per the Board’s calculation, during the time period of Nov 5- Nov 25, 2014, the victim did not lose any wage loss (our calculations show a gain of $2671.00). However, victim is claiming for additional duties which could not be claimed (such as overtime, paid duties) due to her being placed on modified duties. Hence her claim for loss of overtime pay is denied.
Award
20The CICB orders compensation as follows:
Subsection 7(1)(a) Expenses
$ 381.60
Subsection 7(1)(d) Pain and Suffering
$ 3000.00
Total Award (and Costs)
$ 3,381.60
Total Current Award
$ 3,381.60
Payment
21The CICB orders the following be paid immediately to:
Applicant
$ 3,381.60
Dated at Toronto on June 20, 2019
Veda Rangan, Board Member