CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Guy Savoie
Indexed as: (Re) 1905-02018
RECONSIDERATION DECISION
Introduction
1The Criminal Injuries Compensation Board (CICB) heard this Application and issued its Decision on January 27, 2020.
2The Applicant requests the CICB use its discretion to initiate a reconsideration of the Decision because evidence submitted to the CICB prior to the written hearing was not provided to the Member.
3The record reflects that the Applicant contacted the CICB on January 17, 2020 to advise she needed more time to submit the Employer’s Report and ultimately may require an adjournment. The Applicant was informed that the CICB would accept the documents up to the day before the scheduled written hearing on January 27, 2020.
4On January 23, 2020, the CICB received written submissions and the Applicant’s Employer’s Report dated January 21, 2020.
5In an administrative oversight, neither the Applicant’s submissions nor the Employer’s Report were provided to the Member conducting the written hearing.
6In its Decision, the CICB denied the Applicant’s claim for loss of income for the caregiver stating:
To consider this type of claim, the Board requires documentary evidence in the form of a letter from this individual’s employer confirming the dates missed from work; the reason provided; whether the time was paid/unpaid; whether any benefits were received for the absence such as sick or vacation pay; and the net earnings lost for the time of missed work. In the absence of such evidence, the Board denies this claim.
7Rule 19.4 of the CICB’s Rules of Procedure provides that the CICB may initiate a reconsideration of a decision of a single member or a panel where it considers it advisable and appropriate to do so.
8The reconsideration was conducted in writing on the basis of materials in the CICB’s file.
Decision
9I find it advisable and appropriate to initiate a reconsideration of the Decision to consider the Applicant’s request for compensation for loss of income for her spouse who cared for her during her convalescene. My reasons follow below.
10In determining whether to grant or deny a reconsideration upon initiating the reconsideration process, the CICB must be satisfied that there are new facts or evidence that could potentially be determinative of the application and that could not reasonably have been obtained earlier, or the party seeking reconsideration was entitled to but, through no fault of its own, did not receive notice of the proceeding or a hearing, or the decision is in conflict with established jurisprudence or CICB procedure and the proposed reconsideration involves a matter of general or public importance, or other factors exist that, in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions.
11Given that the Applicant provided evidence and submissions to the CICB as instructed and that material was not provided to the Member to consider prior to the written hearing, I am satisfied the decision is in conflict with CICB procedure and in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions. The scope of the reconsideration will be limited to the issue of loss of income of the caregiver (the Applicant’s spouse).
12The Employer’s Report dated January 21, 2020, confirms that the Applicant’s spouse was employed from February 2012 until June 2019. For the period beginning August 24, 2017 and ending October 24, 2017, her spouse took time off work to care for the Applicant. The employer confirms that the Applicant’s spouse did not receive any wages for the hours missed nor did he receive any benefits (vacation time or sick days).
13The Employer’s Report reflects that the Applicant’s spouse was away from work for as little as 30 minutes to as much as a full day over 34 days to care for the Applicant.
14The CICB, however, does not make claimants whole but rather provides a limited form of compensation to partially compensate those whom are compensable as a result of crimes violence. The limits on the various forms of compensation provided by CICB recognize that the source of that compensation is from public funds.
15The CICB does not consider reimbursement on an hourly basis. Having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB will make a contribution to loss of income for the caregiver in the amount of $600.00.
16The CICB does compensate loss of income of the caregiver to attend the court proceedings.
17In summary, the CICB finds that the overall compensation award made to the Applicant to date to be a reasonable and appropriate amount having regard to all relevant circumstances and the overall context and intention of the CVCA.
Award
18The CICB makes the following award effective immediately:
Subsection 7(1)(d) Pain and Suffering (previously ordered) $5,000.00
Subsection 7(1)(b) Income Loss
$ 600.00
TOTAL AWARD $5,600.00
Less: Award already paid -$5,000.00
TOTAL CURRENT AWARD $600.00
Payment
19The CICB orders the following be paid immediately to:
Applicant
$ 600.00
Dated at Toronto on May 13, 2020
Guy Savoie, Vice Chair