CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1602-02624
ORDER
Introduction
1In this case, the adult female Applicant claimed that she was assaulted by a patient (the Offender) while she was working as a nurse.
2The CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, rose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Evidence
3In her [date] 2016 submission to the CICB, the Applicant wrote that she was working as a Registered Practical Nurse when a patient (the Offender) began to misbehave by yelling, screaming and swearing at staff. Security was called and at one point, the Offender lunged at the Applicant in an attempt to choke her by the throat. The Applicant blocked that attempt, but the Offender then kicked the Applicant in her left lower rib cage which resulted in the back of her head hitting a door frame. The Applicant wrote that due to her acute emotional reaction to this incident, she delayed reporting it for two days.
Police Report
4The CICB received a report from the Police Service which confirmed the incident as described by the Applicant.
5As a result of their investigation, Police charged the Offender with assaulting the Applicant. On [date], 2015 the Offender was convicted with a suspended sentence and twelve months of probation.
Injuries
6In her submission to the CICB, the Applicant wrote that her physical injuries were relatively mild in nature as she had a headache which lasted a couple of days and her back and ribs hurt. However on an emotional level, the impact on the Applicant was self-described as having a profound impact on the Applicant.
7As a result of this incident, the Applicant cried uncontrollably for two days, she had difficulty sleeping, with nightmares and recurring thoughts about her work place. The Applicant would wake-up in cold sweats, she felt emotionally unstable, easily irritated and angered. Her memory and concentration was poor, she had trouble finding words, she felt anxiety, panic and she questioned her ability to perform in life. The Applicant felt withdrawn and the day after the incident, her family doctor referred her to seek psychological help. The Applicant took therapy once a week for six months as significant improvement was required before her return to work plan would be planned.
Medical Reports
8The CICB received six detailed reports from Dr. [Name] who counselled the Applicant between September 2015 and October 2016. The Doctor noted that this incident had a tremendous psychological impact on the Applicant, as it was the most recent incident of many “workplace harassment” incidents which have occurred while she was working as a psychiatric nurse.
9On the date of the incident, the Applicant went to [Name] General Hospital, but since it was busy with other patients, the Applicant decided to go home and call her doctor the next day. Then she was referred to this Clinical Psychologist. As a result of the incident, the Applicant experienced sleeplessness as she was re-living many experiences which she had at her workplace over the years. Her memory and concentration was poor, she could not recall words, easily lost her train of thought and felt anxious on a continuous basis. The Applicant noted that she had some anxiety prior to this incident, but now it was much worse – to the point where she was unable to function. The Doctor described this incident as the “last straw” which triggered her PTSD response.
10In a [Name] Trauma Program assessment for the WSIB dated [date] 2016, that this “workplace accident” was a major contributor to the Applicant’s diagnosis of PTSD, with a single incident of a Major Depressive Disorder. Also, the Applicant suffers from Obsessive Compulsive traits and chronic pain to her neck and back which results in headaches. Prior to this incident, the Applicant had vulnerability related to childhood trauma, anxiety and fear of making mistakes in her work place in which she perceived a lack of support. As a result of this incident, the Applicant was unable to return to work – especially in her previous role.
11The CICB received a medical report from the Applicant’s Family Physician, Dr.[Name], who reported that the Applicant suffered from disabling PTSD as a result of this incident. In a report dated March 2016, the Family Physcian reported that the Applicant was taking anti-anxiety and sleep-aid medication to help her cope with the aftermath of this incident. Also, she was taking weekly appointments with her clinical psychologist to help her address the emotional trauma from this incident. The Applicant did not return to work after this incident.
12The CICB received a letter, dated [date] 2016, from the Healthcare of Ontario Pension Plan which noted that as a result of her assessments, the Applicant was medically certified as “totally disabled” and unable to work.
13Finally, the CICB received a report, dated March 2016, from the WSIB which noted that it had not yet determined if the Applicant was eligible for a NEL award.
Expenses
14In her submissions to the CICB, the Applicant noted she gets 85% of her wages covered by the WSIB.
Analysis and Decision
15Section 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.
16In 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 kicked which caused her head to hit a door frame. As a result, the Applicant had a few of days where she had back and rib pain and a headache. On an emotional level, this incident triggered the Applicant into PTSD with a Major Depressive Disorder which caused her to be unable to work. The Applicant suffered from sleeplessness, she felt anxious, her concentration was poor and she was immediately referred to a psychologist for counselling.
17The Applicant’s claim was supported with reports from Police, the Courts, her Doctor, two Psychologists and the WSIB. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.
Award
18The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $5,000.00
TOTAL AWARD $5,000.00
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.
20As noted above, since the WSIB has yet to determine if a NEL award would be provided to the Applicant in this case, the CICB needs to alert the Applicant to the provisions of section 17(3) and/or section 26(5.1) of the Act, which read as follows:
17(3) In assessing compensation, the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance.
26(5.1) The Board is entitled to be reimbursed, out of any amount recovered by the applicant from the offender or any other party, for the amount of compensation awarded to the applicant.
Payment
21THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 3rd day of February, 2017.
_____________________________
Jo-Anne Hughes, Member