CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1608-04438
ORDER
Introduction
1In this case, the Applicant claimed that while working as nurse, she was assaulted and robbed of her keys and ID by a patient (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 her August 2016 submission to the CICB, the Applicant wrote that while working as a psychiatric nurse, she was assaulted by the Offender in an unprovoked attack. The Offender grabbed her keys and ID card and used them to escape from the Hospital.
Police Report
4The CICB received several reports from the [Name] Police Service in support of the Applicant’s claim. Police confirmed the Applicant was punched in the face by the [age] Offender and as a result she suffered from soreness and swelling to the left side of her face.
5The Applicant was informed that since the Offender was planning to plead guilty, she did not have to attend court to testify. On [date], 2014, the Offender pled guilty and was convicted of assault.
Injuries
6The Applicant wrote that she was seen in the Hospital emergency department and by her Family Doctor for follow-up. Initially, the Applicant was quite shocked that a patient would assault her. Later, she began to feel pain as her entire head and face were throbbing as a result of being punched. She had several cuts inside her mouth and her face was swollen for a few days. She broke down crying and was unable to complete her 12-hour shift. She took a few days off and then returned to work. She also went to her Pastor for emotional support and counselling.
7After she returned to work, she tried to put the incident behind her but over time the Applicant began to suffer from on-going anxiety and fear on the job and she had to eventually leave her position at the end of 2015.
Medical Reports
8The CICB received several reports from [Name] Hospital Emergency Department which confirmed that the Applicant had a swollen left cheek and no broken bones as a result of being struck by the Offender. The Applicant had stiffness of her neck, a swollen cheek and difficulty swallowing.
9Also, the CICB received a report from the Applicant’s Physician, Dr. [Name], who confirmed the Applicant had a swollen face and neck pain as a result of being hit by the Offender. The Applicant was prescribed Ibuprofen and massage therapy to help manage her swelling and muscle pain.
Expenses
10In her submission to the CICB, the Applicant reported that the cost of her prescription drugs were paid by her benefits. She reported no cost to the counselling services which were provided by her Pastor.
11The Applicant also noted that she would like to be considered for her expenses of travel to treatment to see her Pastor for counselling. However, her Pastor left the country and was unable to provide a Therapy Report to confirm the Applicant’s injuries, number and dates of her counselling sessions.
12Also, the WSIB confirmed the Applicant did not submit a claim for her workplace injury in this case.
Analysis and Decision
13Section 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 assault.
14In 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 punched in the left cheek by a male psychiatric patient. As a result, the Applicant received neck pain and a swollen cheek. The Applicant took a few days off work and then returned to work. Over the next several months, the Applicant struggled with ongoing issues of anxiety and fear of being assaulted at work. Seven months after the incident, the Applicant left her position and moved onto another job because of these ongoing fears.
15The Applicant’s claim was supported with reports from Police, a Hospital, and her Family Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.
16It is the CICB’s practice to only consider travel to treatment costs when an Applicant is required to travel more than 40 kilometres each way (80 kilometres round trip) outside of her city of residence for treatment. Also, the CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In this case, the CICB has not received a Therapy Report from the Applicant’s Pastor to confirm this aspect of the Applicant’s claim. In this case, the CICB is unable to independently corroborate the dates of the counseling sessions being claimed by the Applicant. The CICB finds no compelling reason to deviate from its usual practice and since it cannot determine the dates and number of trips to counseling sessions, the Applicant’s travel to treatment expense claims are denied.
17Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $1,200.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the date that the Applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $1,200.00 amount described above.
Award
18The CICB orders payment as follows:
Section 7(1)(a) Future Pre-Authorized Expense $1,200.00
Section 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD (AND COSTS) $5,200.00
Less: Preauthorized treatment costs $1,200.00
TOTAL CURRENT AWARD $4,000.00
19The 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
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto this 26th day of May, 2017.
Jo-Anne Hughes, Member