CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Guy Savoie
Indexed as: (Re) 1909-04747
RECONSIDERATION DECISION
Introduction
1On September 28, 2019, the Applicant applied to the CICB seeking compensation for a death resulting from a crime of violence.
2The Criminal Injuries Compensation Board (CICB) heard this Application and issued its Decision on June 3, 2020.
3The Applicant received the total sum of $9,000.00 in compensation from the CICB comprising of $3,000.00 for pain and suffering due to Mental or Nervous Shock, $5,000.00 for funeral expenses and $1,000.00 in therapy. The Applicant’s request for loss of income was denied.
4The Applicant requests the CICB use its discretion to initiate a reconsideration of the Decision because evidence, specifically the “Employer’s Report”, needed in support of the Applicant’s wage loss claim could no be obtained prior to the hearing.
5On March 29, 2020, when the Applicant was provided with the blank Employer’s Report form to be completed by his employer, he informed the CICB that the firm where he was employed was closed as a result of the COVID 19 pandemic and was “asking for more time to get in touch with [his] previous employer”. At that same time, the Applicant submitted a Record of Employment (ROE) and paystubs prior to the hearing confirming he was employed at the time of the incident.
6On April 22, 2020, the CICB issued the notice of written hearing for June 3, 2020.
7The Employer’s Report was not provided to the Member conducting the written hearing.
8In its Decision, the CICB denied the Applicant’s claim for loss of income stating:
Your claim for income loss is denied because the documentation provided does not support an award of this nature.
9Rule 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.
10The reconsideration was conducted in writing on the basis of materials in the CICB’s file.
Decision
11I find it advisable and appropriate to initiate a reconsideration of the Decision to consider the Applicant’s request for compensation for loss of income. My reasons follow below.
12In 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.
13Given the timelines, I am satisfied that the Employer’s Report could not be reasonably obtained prior to the written hearing due to the COVID 19 pandemic. I am also satisfied the evidence was determinative of the application and in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions. Accordingly, the scope of the reconsideration will be limited to the issue of loss of income claim.
14The Employer’s Report dated July 13, 2020, confirms that the Applicant was employed from at the time the incident took place and until he had to take a leave of absence beginning […] . In the space provided for the “Reason the Employee Gave for His/Her Absence from Work” the employer wrote “Death of Son”. The employer also confirms that the Applicant received a “Bereavement Benefit” in the amount of $366.80 for the period beginning […] until […].
15The therapy report dated March 27, 2020 from the Applicant’s registered psychotherapist states that the Applicant experienced extreme depressed mood, sleep disturbances, repetitive intrusive thoughts and social isolation. The report also states that the Applicant has been unable to work since the incident up to the date of the report.
16The Applicant’s T4E Statement of Employment Insurance and Other Benefits for 2019 reflects that the Applicant received a total of $8,430.00 in EI benefits over a 15 week period. The Applicant received no other support payments.
17The evidence before the CICB is that the Applicant could not continue his employment after […] as a result of the incident and did not return to work until March 25, 2020. The Applicant is seeking compensation for loss of income for that period.
18It should be noted here that the CICB 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.
19The Applicant received payments from EI for a 15 week period and during the time he was unable to work. Since the Applicant received funding during the 15 week period, the CICB finds it reasonable to deduct that period from the total wage loss claimed.
20It is the CICB’s practice to reimburse income loss to a maximum of $1,000.00 per month and having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB now awards $7,750.00 for income loss. (7 months x $1,000.00 and 3 weeks x $250.00).
21In 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
22The CICB makes the following award effective immediately:
Subsection 7(1)(d) Pain and Suffering (previously ordered) $ 3,000.00
Subsection 7(1)(a) Expenses – Therapy (previously ordered) $ 1,000.00
Subsection 7(1)(a) Contribution – Funeral (previously ordered) $ 5,000.00
Subsection 7(1)(b) Income Loss $ 7,750.00
Payment
23The CICB orders the following be paid immediately to:
Applicant $ 7,750.00
Dated at Toronto on August 26, 2020
Guy Savoie, Vice Chair