The appellant, a corrections officer who was severely injured by an inmate, appealed a decision of the Criminal Injuries Compensation Board.
The Board had awarded the maximum amount for pain and suffering but deducted a $12,000 Non-Economic Loss (NEL) award received from the Workers' Compensation Board, pursuant to s. 17(3) of the Compensation for Victims of Crime Act.
The appellant argued this resulted in a double deduction because his long-term disability insurance also deducted the NEL award.
The Divisional Court dismissed the appeal, finding the Board properly exercised its discretion and that any dispute regarding insurance deductions was a matter between the appellant and his insurer.
