CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1605-03571
ORDER
Introduction
1In this case, the Applicant is a Police Officer who claimed he was assaulted while arresting the Offender.
2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) or 5(b) 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.
Evidence
Incident
3In his May 2016 submission to the CICB, the Applicant wrote that while working as a Police Officer, he responded to a call where the Offender threatened to kill his ex-girlfriend and himself with a knife. At the scene, the Offender’s father told Police he was on cocaine and alcohol and he was a severe diabetic.
4During the discussion with the Offender, he threw a coffee table at the Applicant, the Applicant attempted to gain control of the Offender and he was stabbed in the hand with a used insulin needle and tried to stab him in the leg. The Applicant and two other officers struggled with the Offender for 20 minutes to get him under control. Then, they had to drag him out of the basement of the house and up the hill to an ambulance where he was sedated by the paramedics. During this incident, the Offender kicked the Applicant several times in his leg and groin and the Applicant broke a bone in his right hand.
Police Report
5The CICB received several reports from the [Police] in support of the Applicant’s claim. Police responded to a call from the Offender’s mother who reported that he was threatening to harm himself with a knife. When officers arrived, they had a normal conversation with the Offender and he agreed to a pat down so they could ensure that he did not have any weapons. During the discussion, the Offender became belligerent and began swearing at the officers and making threats about self-harm. The Offender grabbed a small coffee table and flipped it at the Applicant. Then a struggle ensued between the Offender and three officers. The Offender grabbed something from a metal can and stabbed the Applicant’s hand. The Applicant told other officers that he felt something “like an electric shock” and that his hand was hurting. The Offender screamed at the Applicant and said “I hope you f*** get hepatitis you f*** piece of s***”.
6The Police Reports provided many other details of the Offender’s arrest with handcuffs and leg irons with his eventual control with sedation in the ambulance.
7As a result of this incident, police charged the Offender with four counts of uttering threats, three counts of assault peace officer, resisting arrest and two counts each of mischief and failure to comply. In [date] 2016, he was convicted of uttering threats, three counts of assault peace officer and two counts of mischief. He was sentenced to four months in jail.
Injuries
8In his submission to the CICB, the Applicant went to the Hospital where an x-ray confirmed the Applicant had an “angular fracture of the 5th metacarpal base” in his right hand. The Applicant was very concerned that he had to be checked for communicable diseases including HIV and Hep C. He was taken to the Hospital where a surgeon put five wire pins in his hand and put him in a cast for four weeks. The Applicant was unable to drive or use his right arm.
9As a right-hand dominant person, the Applicant was severely restricted from his daily activities. Three weeks after his cast was removed, the Applicant still had tingling and little strength in his right hand. The Applicant was unhappy because this injury significantly affected his active lifestyle and severely diminished his feeling of self-worth.
10The Applicant was unhappy that he could not perform his regular duties on the tactical emergency response team and he was unable to work overtime shifts. Four weeks after the incident, the Applicant found out that his blood tests came back negative for infections. During this time, the Applicant endured pain, sleeplessness and anxiety as a result of his injuries.
11The CICB received a letter, dated March 3, 2017, with an update from the Applicant who wrote that this incident had a significant impact on him as he was off work for four months and he lost developmental opportunities. Doctors advised the Applicant about possible future arthritis from this injury. The Applicant did not take some of his pain medication as he feared addiction. While he was waiting for the results of his HIV test, he was very anxious and he had to strictly follow a post-exposure prophylaxis regime to protect his loved ones. The Applicant was also frustrated because he was unable to perform simple personal maintenance tasks and he was unable to help around the house and with his family.
12The Applicant took several physiotherapy treatments and he still has tingling in his hand from nerve damage. His hand is weaker now, despite his strength and conditioning exercises. He had to re-qualify for firearms use and his shooting accuracy was diminished. The Applicant is anxious about this as he must maintain a certain standard to qualify as a member of the Emergency Response Team. Occasionally, he still has nightmares about this incident.
Medical Reports
13The CICB received reports from the Hospital in support of the Applicant’s claim. These reports confirmed the Applicant had a fracture in his right hand and at the time it was fractured, the Applicant heard a “crack”.
14The CICB also received reports from the Hospital, which confirmed that four K-wires were inserted into the Applicant’s hand to facilitate his recovery. On [date], those wires were removed and the Applicant was approved to return to work on modified duties.
15A Medical Report from Dr. [Name] confirmed the Applicant had a “boxers fracture” of his right hand which caused motor and sensory nerve injuries which were treated with time and physiotherapy. His complete recovery for this nerve damage was expected to take “months”.
16A Medical Report from the surgeon Dr. [Name] noted that she saw the Applicant seven times and that he was ready to return to full duties on June 16, 2016
Expenses
17The CICB received a report from the WSIB which confirmed that they supported the Applicant with wage-replacement and treatment cost benefits. Also, he would not be considered for a NEL award.
Analysis and Decision
18Section 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(b) of the Act as a result of a single incident of assault peace officer.
19In 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 performing his lawful duties as a Police Officer and while arresting the Offender, he was stabbed with a used needle and his right hand was broken.
20As a result of this incident, the Applicant suffered from physical pain in his right hand which required surgery to repair. The Applicant was unable to work for a month and then he was eligible for modified duties for six weeks. However, training and testing kept him away from his regular duties for several more weeks. On an emotional level, the Applicant was anxious about the results of his HIV blood tests, also he suffered from sleep issues, and he was frustrated that he could not perform in his usual personal activities and perform in his regular job role on the emergency task force.
21The Applicant’s claim was supported with reports from Police, two Hospitals and two Doctors. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $8,000.00.
Award
22The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $8,000.00
TOTAL AWARD $8,000.00
23The 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
24THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $8,000.00
DATED at Toronto this 27th day of April, 2017.
Jo-Anne Hughes, Member