CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1606-03817
ORDER
Introduction
1In this case, the Applicant claimed that she was stabbed during an attempted robbery.
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, rose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Evidence
Incident
3In her May 2016 submission to the CICB, the Applicant wrote that she was walking home at about 9:45 p.m. on the date of the incident. When she was about five minutes from home, she felt someone tug on her purse, then the Offender spun her around, grabbed her by the scarf and threatened her with a five inch hunting knife. He demanded the Applicant’s phone, and instead she produced an i-Pod from her coat pocket. The Applicant held-out her hand with the device and then she yelled “Help! Rape!” and she tried to run away. The Offender attacked the Applicant and thrust at her with his knife. Witnesses came to her rescue and called 911.
Police Report
4The CICB received a report from Detective Constable [Name] in support of the Applicant’s claim. This report confirmed the details provided in the Applicant’s statement to the CICB. As a result of their investigation, Police charged the Offender with Robbery with an Offensive Weapon, Assault with Intent to Steal, Assault with a Weapon, Assault Causing Bodily Harm and Possession of a Dangerous Weapon.
5On December 7, 2016, the Offender was convicted of Assault Causing Bodily Harm and a few other unrelated charges.
Injuries
6In her statement to the CICB, the Applicant wrote that she had a minor stab wound to her lower left breast (about 1 cm wide and deep) and slight bruising on her upper left arm. She received stitching to close her minor chest wound and she was released from the Hospital that night.
7The Applicant felt traumatized after the incident. She took a week and a half off work – staying with family in [City]. The Applicant now fears and distrusts strangers, the dark and public places. She had one counselling session, but did not pursue it due to lack of funds. The Offender may not have taken anything from her, but she feels that he took her peace of mind.
8The CICB received an email, dated [date] 2017, from the Applicant with an update on her condition. The Applicant was busy with work after the incident and as she struggled through the days, her low-level stress was compounded with daily headaches. After the Offender was sentenced, the Applicant felt some ‘aftershocks’ and she took another week off work due to the stress she was feeling. Since then, the Applicant has started taking physio and massage therapy to help her cope with the headaches. Going forward, she feels that she will have to manage her care.
Medical Reports
9The CICB received several reports from [Name] Hospital in support of the Applicant’s claim. She was treated for a superficial stab wound on her lower left breast. The Applicant had elevated blood pressure and heart rates and an x-ray showed she had no other injuries. The wound was closed with a suture and a steri-strip bandage.
10The CICB received a letter, dated [date] 2016, from the Applicant’s Doctor which said that the Applicant was totally disabled and unable to work from [date], 2016 to [date], 2016. Also, the Applicant sent the CICB a short note from her Doctor which said that she was ill on [dates], 2017 and as a result, she was unable to work.
Expenses
11The Applicant submitted a claim to the CICB that she spent $45.00 for an Ambulance expense, but she did not provide a receipt for payment of that invoice.
12In her submission to the CICB, the Applicant claimed that she was off work for ten days and as a result she lost $675.00.
13The Applicant’s Employer, [Name], confirmed the Applicant was earning $12.50 per hour as a Shipper and they confirmed the Applicant took a total of eleven emergency leave days off work up to the middle of [date] 2017.
14The Applicant submitted paid copies of physiotherapy invoices:
[Date], 2017: 2 sessions at $65.00 per session
[Date], 2017: 1 session $65.00
15Also, the Applicant sent a [date] 2017 note from her Doctor who reported that since the Applicant had increasing instances of tension headaches since the incident, that she would benefit from physiotherapy and massage therapy. The CICB received an estimate, dated [date], 2017, from [Name] Physiotherapy which suggested:
Physiotherapy twice a week for 8 weeks at $65 per session (Total: 16 sessions for $1,040.00)
Massage Therapy once a week for 8 seeks at $85 per session (Total: 8 sessions for $680.00)
Analysis and Decision
16Section 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 Causing Bodily Harm.
17In 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 accosted on the street, threatened for her money and belongings and stabbed in the chest. As a result, she was taken to the hospital and treated for what was determined to be a superficial stab wound. As a result of this incident, the Applicant suffered from a superficial stab wound to her left breast and over time, she developed stress/tension-related headaches. On an emotional level, the Applicant took several days off work, and now she distrusts strangers, public places and the dark.
18The Applicant’s claim was supported with reports from Police, Hospital and her Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $2,000.00.
19The 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, theCICB denies the expense claim for an Ambulance expense.
20The CICB has considered the Applicant’s Income Loss claim – calculated above to be $700.70 for eleven days off work. It is the CICB’s practice to reimburse income loss to a maximum of $50.00 per day and having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB now awards $550.00 for income loss (11 days @ $50.00 per day).
21With respect to the Applicant’s claim for Physiotherapy Treatments, the CICB authorizes [Name] Physiotherapy & Wellness to provide up to 16 sessions of therapy to the Applicant at a cost of $65.00 per session. The total cost of these sessions is not to exceed $1,040.00. 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. Payment will be made directly to [Name] Physiotherapy & Wellness upon submission of an invoice and the required verification from the Applicant. Please note this authorization is effective from the date of this Order. 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 $1,040.00 amount described above.
22Based on the Applicant’s stated intention to enter into Massage Therapy in the near future, the CICB authorizes up to $680.00 (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. 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 $680.00 amount described above.
23Based on the Applicant’s stated intention to enter into Counselling 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
24The CICB orders payment as follows:
Section 7(1)(a) Expenses – Future Physiotherapy $1,040.00
Section 7(1)(a) Expenses – Future Massage Therapy $680.00
Section 7(1)(a) Expenses – Future Counselling Therapy $1,200.00
Section 7(1)(b) Income Loss $550.00
Section 7(1)(d) Pain and Suffering $2,000.00
TOTAL AWARD (AND COSTS) $5,470.00
Less: Preauthorized treatment costs $2,920.00
TOTAL CURRENT AWARD $2,550.00
25The 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
26THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,550.00
Dated at Toronto on this 6th day of March, 2017
Jo-Anne Hughes