CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1609-04868
ORDER
Introduction
1In this case, the Applicant submitted a claim that he was assaulted by his son (the Offender).
2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Incident
3In his July 2016 submission to the CICB, the Applicant wrote that after he asked his son to clean his room, he was violently attacked by his son who slapped and punched him in the head, stuck his thumb in the Applicant’s eye and pushed it in very far, ripped the corner of the Applicant’s mouth and broke six ribs. The Applicant estimated that he received 50 punches to his groin.
Police Report
4The CICB received a report from the Police Service in support of the Applicant’s claim. Police reported that the Offender, the Applicant and his wife were drinking and an argument ensued about the Offender mixing alcohol with his medications. The Offender assaulted the Applicant, punching him several times in the face and kicking him in the groin and torso. He also assaulted the Applicant’s wife who tried to intervene. Police noted the Applicant’s injuries were consistent with their description of this incident and that “the consumption of alcohol by all parties was the main contributing factor in this incident.”
5As a result of their investigation relative to the Applicant, police charged the Offender with aggravated assault. He was convicted of aggravated assault and sentenced to 413 days of pre-sentence custody, one day in jail plus two years of probation.
Injuries
6The Applicant wrote that an ambulance picked him up and brought him to the Hospital. He had a broken left eye orbit, permanently blurred vision in his left eye, 64 stitches in his cheek and mouth, 17 stitches in his left eyelid, and 15 stitches in his right forehead, broken nose, six broken teeth, and four broken ribs. As a result of his groin punches, the Applicant reported that now it is difficult for him to pee and it hurts. He is dizzy and off-balance all the time, he has constant headaches and his back is now always sore.
7On an emotional level, he has nightmares all the time, he never goes out anymore, he feels insecure and he has been seeing a psychiatrist to get some help to cope with all of these issues.
8The CICB received a letter, dated February 8, 2017 with an update on the Applicant’s condition. He wrote that he feels sad, sore and imprisoned in his body. On a daily basis, he fears that “the Offender will return and finish the job”. He has problems thinking straight, he continues to get headaches and feels dizzy. He now has difficulty concentrating to read. He can’t sleep due to his ongoing pain and nightmares. The vision in his left eye is greatly reduced and it cannot be fixed. He can’t drive anymore. His nose needs to be re-broken so it can be fixed to repair his breathing issues. He has scars all over his face. It is difficult for him to urinate now. His back and ribs are still bothering him and he can no longer lift things or ride a bike.
9Overall, the Applicant wrote that he does not feel like he is the same person that he used to be. Pain is his constant companion. He just wants it all to stop so he can get back to normal.
Medical Reports
10The CICB received several reports from the Hospital in support of the Applicant’s claim. The Applicant presented as a result of the beating he received where he said the Offender tried to kill him via choking. A CT scan of the Applicant’s head showed that he likely had a facial/orbital bone fracture. An x-ray showed the Applicant had fractures to his nose, left orbital and left maxillary sinus.
11The CICB received a Medical Report from the Applicant’s Family Doctor, Dr. [Name], who noted that the Applicant had a blowout fracture of his left orbital bone and a fractured and obstructed nose. Also, he needed dental treatment and future nasal surgery as a result of this incident. The Applicant also had a history of chronic lumbar back pain.
12A [date] 2015 report from Plastic Surgeon, Dr. [Name] noted that the Applicant had issues with his left eye which need to be addressed by a surgeon on an urgent basis.
13In [date] 2016, Dr. [Name] noted that the Applicant’s left eye was reduced to 20/40 vision as a result of this incident.
Expenses
14In his submission to the CICB, the Applicant said his Ambulance, Hospital and Counselling expenses were all paid by ODSP.
15The CICB received an estimate from Dr.[Name], dated [date], 2017 for two denture appliances. The Applicant was missing six teeth and #14 had to be removed. The dental estimate was a total of $2,850.00 for a maxillary and mandibular dentures.
Analysis and Decision
16Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of aggravated assault.
17In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was violently attacked and beaten by his son. He was punched, kicked, had his left eye pushed in, had his cheek ripped and he had several broken facial bones, and four broken ribs. As a result of this incident, the Applicant suffered from needing 90+ stitches to his cheek, mouth, eyelid and forehead. It hurts for him to urinate, he continues to fear retribution from the Offender, he has headaches, the vision in his left eye is permanently impaired and he suffers from dizziness. He still needs nasal surgery and dental treatment.
18The Applicant’s claim was supported with reports from police, the hospital and three doctors. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $11,000.00.
19With respect to the Denture Estimate submitted by the Applicant, the CICB finds such a cost to be both reasonable and within the context of the Act and therefore the CICB authorizes Dr. [Name] to provide up to $2,858.00 of future Denture Care to the Applicant. Payment will be made directly to Dr. [Name] upon submission of an invoice and the required verification from the Applicant. Please note this authorization is effective from the date of this Order.
Award
20The CICB orders payment as follows:
Section 7(1)(a) Future Pre-Authorized Expense $ 2,858.00
Section 7(1)(d) Pain and Suffering $11,000.00
TOTAL AWARD (AND COSTS) $13,858.00
Less: Preauthorized treatment costs -$ 2,858.00
TOTAL CURRENT AWARD $11,000.00
21The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
Payment
22THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $11,000.00
DATED at Toronto this 20th day of April, 2017.
Jo-Anne Hughes, Member