CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1606-03810
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2014, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of assaulting a peace officer perpetrated by the Offender. The Applicant is also seeking reimbursement for loss of income/wages.
2The Offender was convicted on [date], 2015 for assaulting the Applicant and was sentenced to two months in jail, probation for 12 months, prohibited from owning a firearm for five years and ordered to provide DNA samples.
Decision
3The CICB approves compensation for pain and suffering to the Applicant in the sum of $1,500.00 for the reasons set out below.
Issues
4In this case, with respect to section 5(a) of the Act, there is no question that the Applicant was a victim of a crime of violence as proven through the conviction described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount; and
The CICB must determine whether the claim for loss of income/wages is supported.
Evidence
Applicant's Evidence
5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Police Services correspondences to the CICB.
6In written submission to the CICB, the Applicant advised that on the incident date he was on duty as a correctional officer in the [Name] Correctional Centre (CC) in [Town]. The Offender was an inmate of the CC in [location]. At about 13:30 hours, the Applicant and his partner were working dayroom of [location], a range and pod. The Applicant entered the range after the Offender had assaulted another inmate. The Offender attempted to walk towards the Applicant’s partner with a closed fist. Upon seeing this, the Applicant put his hands up and ordered the Offender to stop. However, without provocation, the Offender proceeded to punch the Applicant in his head, neck and back several times.
7The Applicant also provided various documents in support of his claim.
8The Workplace Safety and Insurance Board’s (WSIB) report on file with the CICB, noted that the Applicant attended the emergency department of the [Name] Hospital. However, the CICB was not in receipt of any medical report from the Hospital.
Injuries
Physical
9The Applicant notified the CICB of the following injuries:
Swelling to face;
Headaches; and
Neck pain.
Psychological/Emotional
10That Applicant noticed the CICB that after the incident he suffered from the following:
Trouble sleeping;
Angry;
Nervous to perform his job;
Flashback; and
Fearful for his life when working.
Analysis
11Section 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 was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault peace office, committed on [date], 2014, in [Town].
12Having considered the evidence presented in the Applicant’s application and the police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries, as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
13The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s physical and ongoing psychological injuries.
14In assessing compensation for pain and suffering, the CICB has carefully considered all the relevant evidence, including all the documentary evidence. The CICB also considered the fact that the Applicant was in the lawful execution of his duties when he was assaulted, the fact that the Applicant was a peace officer, the fact that the assault occurred in a correctional institution, the fact that the perpetrator of the crime was an inmate of the correctional institution and the impact the assault had on the Applicant’s well- being.
15Despite no medical or therapy reports that corroborate the Applicant's description of his physical and emotional injuries. The CICB accepts that he has been physically and psychologically injured as a result of the assault. Having considered these factors, the CICB awards $1,500.00 for pain and suffering.
16Based on the evidence in the claim brief, the Applicant’s earnings were covered through a non-taxable WSIB benefit which results in income tax implications that are unique to each recipient of such benefits. The Applicant did not pursue his loss of income/wages claim.
Award
17The CICB orders payment as follows:
Section 7(1) (d) Pain and Suffering $1,500.00
TOTAL CURRENT AWARD $1,500.00
18The 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
19THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $1,500.00
DATED at Toronto this 2nd day of June, 2017.
Keith Forde, Member