CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1609-04747
ORDER
Introduction
1In this case, the Applicant claimed she was assaulted by two people outside of her home in [City].
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 when she arrived home from the store, she saw that her daughter was lying on the ground after being assaulted by the Offender. The Applicant confronted the Offender who punched her in the face, pulled her hair and kicked and punched her for 15-20 minutes until someone pulled the Offender off of her.
Evidence
Police Report
4The CICB received a Report from the [Name] Regional Police Service in support of the Applicant’s claim. This Report confirmed the assault as described by the Applicant as she came across the Offender assaulting her daughter and she stepped in to intervene when she was assaulted by the Offender. Neighbours finally stopped the assaults and then the Offender came back and hit the Applicant again.
5Police reported that the Applicant was very upset and she had a difficult time talking about the incident. Also, her nose and mouth were sore from getting hit in the face and her nose was bleeding. Since the Applicant feared the Offender and the Alleged Offender, police advised her to stay inside her home that night for safety reasons.
6As a result of their investigation, police charged the Offender with three counts of assault and uttering threats. Police also charged the Alleged Offender with assault causing bodily harm, assault and uttering threats. On [date], 2016, the Offender pled guilty to the three assault charges and she received a conditional discharge plus probation for two years and a weapons prohibition for five years. The Alleged Offender pled guilty to uttering threats (the two other charges were withdrawn) and he received a Conditional Discharge plus probation for two years and a weapons prohibition for five years.
Injuries
7The Applicant wrote that she has been suffering from high anxiety since the incident as she has flashbacks of seeing her children being assaulted. Eighteen months later, the Applicant is still looking over her shoulder as she fears retribution from her assailants. The Applicant has scars on her nose, arm and legs that remind her of this incident. The Applicant always informs her neighbours and family of her whereabouts in case she is attacked by the Offenders. She claimed that she has been diagnosed with PTSD and she has been having difficulty concentrating on her studies and having panic attacks.
Medical Reports
8Two days after the incident, the Applicant went to [Name] Hospital where they x-rayed the top of her neck with an “open mouth” view. Doctors diagnosed her pain as muscle strain as there was “no evidence of acute fracture or malalignment.”
9Five days after the incident, the Applicant went to the [Name] Hospital with a bruised nose and face. An x-ray revealed “A subtle slightly depressed fracture of the tip of the nasal bone.”
10The CICB received a Medical Report, from Dr. [Name], who has provided psychiatric care to the Applicant since July 2009. This Doctor reported that the Applicant suffered from increased anxiety as a result of this incident. Also, she had a prior physical injury of a “depressed fracture of the left zygoma in March 2008” and a previous diagnosis of Generalized Anxiety Disorder. This Doctor saw the Applicant for 16 sessions between [date] 2014 and [date] 2016. Her physical injuries are resolved but the Applicant continues to require psychotropic treatment and medical intervention for her on-going anxiety as an ODSP recipient.
Expenses
11In her submission to the CICB, the Applicant asked to be considered for future counselling.
Analysis and Decision
12Section 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 by the Offender.
13In 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 assaulted by the Offender and she feared retribution from the Alleged Offender. As a result, the Applicant suffered from bruises to her face and a broken nose. On an emotional level, the Applicant suffered from panic attacks, anxiety and she fears retribution at the hands of these two people. Also, the CICB notes that the Applicant had a pre-existing anxiety disorder which the CICB finds was exacerbated by this incident.
14The Applicant’s claim was supported with Reports from Police, [Name] Hospital and a Psychiatrist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.
15Based 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
16The CICB orders payment as follows:
Section 7(1)(a) Future Pre-Authorized Expense $1,200.00
Section 7(1)(d) Pain and Suffering $ 5,000.00
TOTAL AWARD (AND COSTS) $ 6,200.00
Less: Preauthorized treatment costs $1,200.00
TOTAL CURRENT AWARD $ 5,000.00
17The 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
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 15th day of July, 2017.
Jo-Anne Hughes, Member