CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1511-01567
ORDER
Introduction
1In this case, the Applicant claimed that she was attacked on the street by a stranger (the "Offender") with a hammer.
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.
Evidence
3In her submission to the CICB, the Applicant simply wrote: I was attacked from behind on the street by a man. He chased me down and hit me on the back of my head with a hammer.
Police Report
4The CICB received several reports from the Police Service in support of the Applicant’s claim. Police reported that about 2:00 p.m. on the date of the incident, the Applicant was attacked from behind by a stranger (the Offender) where she was hit in the head with a hammer. The Applicant described a description of the Offender, the weapon used and the location where the incident took place. Police found the Applicant in response to her 911 call and she was on a sidewalk, waiting for assistance to arrive.
5Police found the weapon nearby and their investigation led them to the eventual arrest of the Offender six days later. Relative to this incident, police charged the Offender with attempted murder, assault causing bodily harm and assault with a weapon. In [date] 2016, the Offender was found guilty on a total of a dozen charges related to this incident with the Applicant and four other victims who were attacked by the Offender in previous incidents.
Injuries
6In her submission to the CICB, the Applicant was very clear about the injuries she suffered. She wrote:
The hammer that hit me caused a large wound that required multiple stitches. There was a lot of blood, which soaked my shirt and hair I had to take an ambulance to get to the hospital. I also had a concussion.
I was unable to work for quite a while. I had to be driven or had to take a taxi to and from school once I was able to attend again - although it was extremely difficult for me to leave the house. I couldn't walk anywhere by myself for at least a year- even now, it makes me very anxious to walk anywhere and I never walk alone at night. My ability to concentrate has drastically lessened since the attack- there has been some improvement since the effects of the concussion have worn off, but I will never be the same. I still get headaches often that I didn't get before I can still feel the scar on my head when I put my hand on it and sometimes I get sharp, shooting pains there.
After the attack, I had to recount it many times and to many different officers. They had to come to my house to take pictures of the wound I've had to repeat my story many times, which does not make it any easier to talk about I have been struggling with extreme anxiety since that day- I have a hard time leaving the house some days and sometimes have to miss work or school because of it I have been seeing a therapist and a counselor off and on since the attack, but still find it difficult to talk about-It took me a long time to seek help but I know that more counselling is necessary. I'm hesitant to talk to anyone. In a weird way, I almost feel guilty about complaining about emotional or physical pain to anyone.
7In November 2016, the Applicant provided the CICB with an update on her condition. Immediately following the attack, the Applicant tried to continue her life as a second-year university student, but she found that she had to drop a class and accept assistance, as she was unable to focus on her daily tasks of studying, and living. The Applicant had trouble completing assignments on time and she was unable to leave her house alone for a year. The Applicant reported that this incident had a significant impact on her mental well-being, and reflecting on her struggles then, she now realized that she should have taken more time off to recover from this incident.
8Currently, the Applicant says she still gets scared when she walks alone at any time of the day or night. She believes that she will “always be nervous around strangers and watching my back”.
Medical Reports
9The CICB received several reports from the Hospital, doctors and therapists in support of the Applicant’s claim. Reports from the Hospital noted that the Applicant was attacked, hit on the back of her head with an unknown object (later determined to be a “roofer’s hammer”) and she fell to her knees. The Applicant did not lose consciousness and she had a laceration in the posterior of her head which required four stitches to close. She was given pain medication and a concussion protocol sheet. The Applicant declined an opportunity to speak with a social worker and doctors provided her with a note with the reason for her absence from future classes.
10The CICB received a Medical Report from Dr. [name], who was the Applicant’s Family Doctor for the five years prior to this incident. The Family Doctor reported that on the date of the incident, the Applicant was seen and treated in the ER. Two days later, she was assessed at a walk-in clinic and an x-ray was ordered. In [date] 2014, five months after the incident, the Family Doctor saw the Applicant and counselled her about anxiety and PTSD-like symptoms which she was experiencing after her assault. The Family Doctor also noted that the Applicant was seeing another doctor for psychotherapy/support and also a university counsellor to help manage her on-going problems related to anxiety. Finally, her Family Doctor noted that the Applicant was unable to work for about two weeks following the incident due to persistent headaches, poor concentration and on-going symptoms of anxiety including worry, insomnia and fatigue.
11The CICB received a report from a Counsellor who saw the Applicant for four sessions between [month] and [month] of 2015. Post incident, the Applicant suffered from a reduced ability to concentrate, which was related to a suspected concussion from the incident. Also, the Applicant was very uncomfortable going out in public as she felt fearful of others and generally sad. This affected the Applicant’s academic performance and contributed to her anxiety.
12Finally, the CICB received a report from Dr. [Name] who assessed the Applicant five months following the incident. The Applicant had been suffering from increased anxiety, distractibility and sleep difficulties. The Applicant initially had counselling for anxiety when she was fifteen, when family troubles contributed to her anxiety and self-esteem. This Doctor prescribed medication to help the Applicant manage her anxiety and sleep issues.
Expenses
13According to information received by the CICB (including a Doctor’s Report, an Employer’s Report and a pay stub) the Applicant was unable to work for nine days following the incident. The Applicant earned $47.97 per day and over a nine day period, her actual wage loss totaled to $431.73.
14Also in her submission to the CICB, the Applicant claimed that she had an Ambulance expense of $90.00, but she did not provide a receipt to support that claim.
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 with a weapon.
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 walking home, mid-day, when she was attacked and hit on the head by a stranger wielding a hammer.
17As a result, the Applicant took an ambulance to the hospital to be treated with stiches to close her head wound. She suffered from headaches, concussion symptoms, issues with concentration, increased anxiety, sleeplessness and ongoing fears of being attacked anytime she was alone. Five months after the incident, the Applicant was diagnosed with some symptoms of PTSD and ongoing fears of being attacked in public. The Applicant was prescribed medication to help manage her issues and she took some counselling to help her with the post-traumatic effects of this incident.
18The Applicant’s claim was supported with reports from Police, the Hospital, two doctors and a Counselor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $7,000.00.
19The CICB has considered the Applicant’s income loss claim over a period of nine days which was supported with reports from her doctor and employer. Since this the Applicant’s actual wage loss amount is less than the CICB’s maximum award of $50.00 per day, the CICB now awards $431.73 for income lost as a result of this incident.
20The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amounts claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claim for ambulance costs.
Award
21The CICB orders payment as follows:
Section 7(1)(b) Income Loss $ 431.73
Section 7(1)(d) Pain and Suffering $7,000.00
TOTAL AWARD $7,431.73
22The 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
23THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $7,431.73
DATED at Toronto this 16th day of January, 2017.
Jo-Anne Hughes, Member