CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1605-03320
ORDER
Introduction
1In this case, the Applicant, who was working as a paramedic, claimed that she was injured as a result of being shoved by the Offender as she entered an elevator.
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 April 2016 submission to the CICB, the Applicant wrote that she was working as a paramedic, attending to a patient at a retirement home. The Applicant entered an elevator with her patient, and she asked the Offender to wait for the next elevator. The Offender responded with a rude statement and the Applicant put her hand on the Offender’s shoulder to guide him away from the door.
4The Offender responded by yelling and pushing the Applicant with both of his arms. The elevator door was closing and now that the Applicant was off balance, the left side of her head struck the elevator door.
Police Report
5The CICB received several reports from the Police Service in support of the Applicant’s claim. Police confirmed that the Offender, who is visually impaired with a history of aggressive behaviour and known to police, tried to enter the elevator but his path was blocked by a gurney which was transporting an EMS patient. The Offender attempted to push past the EMS gurney and after several attempts to enter the elevator, the Applicant reached out, put her hand on the Offender’s arm and asked him to wait for the next elevator. The Offender responded by forcefully shoving the Applicant with two hands. The Applicant fell backwards, striking her head on the elevator door and she then fell onto the floor of the elevator where she vomited. When police responded to this incident, they first saw the Applicant at the hospital where they observed that the Applicant was holding her head with her eyes closed. Also, Police noted that the Applicant appeared to be in significant discomfort with head pain and she had vomited several times after she was shoved in the elevator.
6As a result of their investigation, Police charged the Offender and he was convicted of assault and on [date], 2014, he received a Suspended Sentence with twelve months of probation.
Injuries
7In her submission to the CICB, the Applicant reported that at the scene, she was unable to get up because she had a headache and she felt dizzy. She felt nausea and she vomited so another ambulance was called to transport her to Hospital. There, she had a CT of her head and she received medication for her pain and nausea with a diagnosis of a concussion.
8The Applicant was discharged home with a “head injury routine”. She was off work for months and she did not return to her regular duties until [date] 2014 – five months after the incident. On the date of her report to the CICB, the Applicant wrote that she continued to suffer from nausea and peripheral vision issues. She took 20 weeks of eye therapy and now she has to wear tinted glasses to deal with light sensitivity and issues with her peripheral vision. Her concussion prevented her from driving for six weeks and she was unable to participate in sports for six months. The Applicant also developed a minor fear of elevators – she still uses them for work when she has-to, but prefers to use the stairs.
Medical Reports
9The CICB received several reports from the Hospital in support of the Applicant’s claim. She was assessed for the injury she received by hitting her head on the elevator door, near her left ear. Upon hitting her head, the Applicant felt dizzy and she lowered herself to the floor to avoid a fall. A CT scan showed no abnormalities so the Applicant was discharged home with pain medication.
10The CICB received a report from the Applicant’s Family Doctor, Dr. [Name], who confirmed that the Applicant was referred to a Post-Concussion Eye Therapy program from [date] 2015 to [date] 2016. Also, she was referred to a post-concussion Physiotherapy program at a Sports Medicine clinic. The Applicant had no pre-existing conditions which would have contributed to her injuries and as a result of fatigue, dizziness and headaches she was unable to perform work duties from [date] to [date], 2014.
11The CICB received a report from the Sports Medicine Clinic, dated May 2016, who saw the Applicant between [date] 2014 and [date] 2015. During that time, the Applicant received therapy for her neck pain, visual-vestibular (eye) training and exertional training + modalities for pain. The Physiotherapist noted that when the Applicant returned to work, she suffered injuries to her left elbow and wrist while performing modified work duties. Upon discharge from her initial injury therapy sessions, the Applicant was planning to follow-up with her Ophthalmologist with respect to further concussion rehabilitation. Although the Applicant had returned to full work duties, she was still experiencing nausea, dizziness, headaches and light sensitivity which limited her ability to perform the “focus, concentration, balance, life and carry” actions which were essential tasks to perform at work.
Expenses
12In her submission to the CICB, the Applicant noted that she had the following expenses:
- Ambulance: $ 45 paid by WSIB
- Eye Therapy: $2,000 paid by WSIB
13The CICB received a letter from the WSIB which outlined the loss of income benefits which the Applicant received as a result of the five months which she was off work. Since the Applicant did not file a loss of income claim with the CICB, this information will not be considered in this Order. However, the WSIB was asked if they were considering a NEL award for this Applicant and the answer to that query has not been received by the CICB to date.
Analysis and Decision
14Section 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.
15In 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 performing her duties as a paramedic when she was assaulted by the Offender. As a result, the Applicant hit her face on the elevator door, which caused a concussion and injury to her left eye. The Applicant had to take five months off work while her loss of wages, treatment and medical expenses were covered by the WSIB. The Applicant wrote that she vomited several times on the date of the incident, as a result of suffering from dizziness, nausea and pain from her concussion. She took physiotherapy for her head and neck injuries as well as physio/therapeutic treatment for her eye injury. Six months after the incident, the Applicant was still suffering from the after effects of her concussion and she still had light sensitivity which caused her to have dizziness, nausea and headache issues. The CICB received reports from several treatment providers but it did not receive a report from the Applicant's Ophthalmologist to establish a more comprehensive view of her ongoing ocular issues.
16The Applicant’s claim was supported with reports from Police, the Hospital, her Family Doctor and a Physiotherapist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.
17In this case, the CICB notes that since the Applicant’s expenses were covered by the WSIB, that the CICB did not need to consider the expenses she had related to an ambulance, physiotherapy and loss of wages.
18However, since information on a potential WSIB NEL award is outstanding in this case, the CICB notes that should the Applicant be awarded compensation as a result of a subsequent NEL award from the WSIB, the Applicant must notify the CICB immediately since the CICB is entitled to be reimbursed from those funds for any amount of compensation it has awarded to the Applicant, pursuant to section 26(5.1) of the Act, which states:
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.
Award
19The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $4,000.00
20The 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
21THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto this 16th day of January, 2017.
Jo-Anne Hughes, Member