CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Anne-Marie Langan
Indexed as: (Re) 1609-04847
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking reimbursement for treatment expenses, reimbursement for expenses travelling to treatment and damages for pain and suffering as a result of a physical assault that occurred on [date], 2016 as a result of which he sustained physical injuries. The incidents were reported to the Police and resulted in the Offender being charged with assault and assault with intent to resist. The Offender was convicted of assault and received a conditional sentence which included a provision for 6 months’ probation.
DECISION
2The CICB approves the claim or the reasons set out below.
ISSUES
3The Applicant must prove, on a balance of probabilities, that his injuries are the result of lawfully arresting or attempting to arrest an Offender or suspected Offender of an offence against a person other than the Applicant or his/her dependant or against such person’s property, or assisting a peace officer in executing his/her law enforcement duties
4The Applicant must provide reliable evidence to support his claims for:
a. expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the Act
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim:
a. Application: In the Application, the Applicant explains that on [date], 2016 he was working as Police Officer and received a call from [location] from the [Name] Lounge advising that there was an intoxicated customer (the Offender) who had just vomited and was being medically assessed by a paramedic. In the course of receiving treatment from the paramedic the Offender became angry at the paramedic and grabbed her arm in a “violent manner”. The Applicant witnessed this and grabbed the Offender to pull him away from the paramedic. A physical altercation ensued between the Applicant and the Offender. In the end the Offender was arrested by the Applicant. The Applicant later noted a sharp pain in his left side and that he was having difficulty breathing. He consulted his Doctor the next day and was advised that he had a fractured rib. It took him four weeks of bed rest to recover. He still experiences some pain in his left side as a result when performing certain activities.
b. Medical Report: [Name] Medical Centre confirms that the Applicant had an injury to his chest as a result of being “punched by a suspect during arrest”. The Report notes that the Applicant has fully recovered and is back to “full duties”.
c. WSIB Report: confirms that the Applicant received loss of earnings benefits from WSIB of $2,562.98.
d. Police Report: confirms that the Applicant attended at the [Name] Lounge in response to a call about an intoxicated male. The Report states that after the Offender grabbed the paramedic, “police attempted to arrest the accused and after a short physical confrontation the accused was placed in handcuffs”.
ANALYSIS AND DECISION
7Section 5(b) of the Act provides that compensation may be awarded where an injury results in the course of lawfully arresting or attempting to arrest an offender or suspected offender for an offence against a person other than the Applicant, the CICB can compensate them for their injuries.
8In the present case, the Applicant was injured in the course of his duties as a Police Officer, and in particular was assaulted by the Offender when the Applicant was in the course of arresting him for having assaulted a paramedic who was attempting to assist him medically. The Applicant has provided a Medical Report confirming his chest was injured during the course of this arrest. In his Application the Applicant submits that he had a fractured rib on his left side which took four weeks to heal. The Applicant was compensated by WSIB for loss of earning, which suggests that WSIB recognized that he was injured in the course of his employment.
9The CICB therefore finds, on a balance of probabilities, based on the documentary evidence submitted by the Applicant, that the Applicant is compensable pursuant to s.5(b) of the Act and awards him $2,000.00 in damages for pain and suffering.
10In his Application, the Applicant has made a claim for treatment expenses but did not specify which expenses he was claiming for or provide receipts showing any expenses incurred by him as a result of the injury. 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 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 claims for treatment expenses.
11The Applicant also made a claim for travel to treatment expenses. It 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 his city of residence for treatment. The CICB finds no compelling reason to deviate from that practice under the circumstances. Since the Applicant has not provided evidence to confirm that he was required to travel more than 40 kilometers to obtain treatment these expenses are denied.
AWARD
12The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $2,000.00
TOTAL AWARD (AND COSTS) $2,000.00
PAYMENT
13THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,000.00
DATED at Toronto this 3rd day of August, 2017
______________________________________
Anne-Marie Langan, Member