CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Date: March 28, 2017
Indexed as: (Re) 1606-03968
ORDER
Introduction
1In this case, the Applicant claimed she was emotionally affected as a result of an armed robbery in her workplace at a bank.
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
Incident
3In her [date] 2016 submission to the CICB, the Applicant wrote that on the day of the incident, she, her manager and one other employee were met outside of their bank, first thing in the morning, by the Alleged Offender and the Offender who threatened them with a gun. Then, they were forced to open the door, open the vault and then locked into the vault while the assailants got away. The Applicant wrote that when she had to enter her combination to unlock the vault, the Alleged Offender said to "Hurry up or you will be killed" and the Offender cocked his gun.
4The Applicant wrote that it took Police a year to apprehend the suspects and another two years to begin the court case against them.
Police Report
5The CICB received an extensive set of reports from [Name] Regional Police in support of the Applicant's claim. In this case, this incident was one of four bank robberies which Police were investigating against a small group of suspects.
6Police confirmed that on [date], two disguised suspects appeared at the bank doors and at 7:07 a.m., they forced the Applicant and two others into the bank in [City]. Then, the suspects had the Applicant and the other two victims open the vault where the suspects removed an amount of cash and locked the three employees in the vault for approximately 15 minutes. Police noted that the employees were not injured as a result of this incident and they did not require medical attention.
7As a result of their investigation, Police charged the Offender with Robbery with an imitation firearm and forcible confinement and two other non-violent offences. He was found guilty on both counts.
Injuries
8In her submission to the CICB, the Applicant wrote that due to this incident, she took three months off work and when she returned, she continued to be plagued by several anxiety and panic attacks. They gradually got worse until she went to court and testified and then she was unable to return to work.
9The Applicant was advised by her Doctor, Counsellor and Psychologist that she could not return to the same job and she was diagnosed with PTSD. The Applicant also wrote that she continues to have these psychological issues which cause her to withdraw from daily activities and socializing with family members as she cannot function in a public setting. The Applicant reported that she is taking anti-depressant and anxiety medication to help her deal with insomnia and nightmares.
Medical Reports
10The CICB received a Medical Report from the Applicant's Family Doctor, Dr. [Name], dated [date] 2016. This report confirmed the Applicant was diagnosed with PTSD, anxiety and depression as a result of this incident. She was taking counselling sessions from [year] to [year] and her medication was being managed by a psychiatrist. The doctor confirmed the Applicant was unable to work from [date] to [date].
11The Board received a Therapy Report from the Applicant's Psychiatrist, Dr. [Name], who saw the Applicant for monthly sessions between [date] and [date]. This doctor confirmed that as a result of this incident, the Applicant experienced nightmares, anxiety and depression. She tried to return to work and has been unable to work since [date].
12The Board received a Therapy Report from the Applicant's Counsellor, [Name], who saw the Applicant for ten sessions between [date] and [date]. As a result of the incident, the Applicant has issues trusting strangers, fears banks, experienced anxiety on her attempted return to work, and has nightmares, fear of confinement and experiences sleeplessness. As a result, the Applicant was unable to return to work in her original workplace and job.
Loss of Income Claim
13In her submission to the CICB, the Applicant reported that since she has been off work in [date], she has received 85% of her pay in benefit payments. Also, the Applicant provided her CRA Tax Reports for 2011 through 2015 to support this claim.
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 robbery with an imitation firearm and forcible confinement.
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 threatened at gunpoint and forced into a vault where she was locked up with two other victims. As a result of this incident, the Applicant was fortunately not physically injured, but she did have immediate emotional injuries which caused her to take time off work. The Applicant suffered from anxiety, depression, panic attacks, nightmares and sleeplessness. The Applicant was diagnosed with PTSD, anxiety and depression and takes medication prescribed by her psychiatrist. Ultimately, the Applicant's ongoing issues have prevented her from returning to work after [date].
16The Applicant's claim was supported with reports from Police, the Courts, a Doctor, Psychiatrist and a Counsellor. Considering this evidence and the submissions from the Applicant, the CICB assesses this award at $6,000.00.
17Based on the evidence in the claim brief, 85% of the Applicant's net earnings were covered through an employer-provided insurance benefit which results in income tax implications that are unique to each recipient of such benefits. Furthermore, during the period of disability, the Applicant did not incur expenses that are usually associated with working outside of one's home such as, business attire, dry cleaning, public transit, gas and parking, day care for children, restaurant meals, and incidentals. As a result, in the absence of evidence to the contrary, it is the CICB's view that the Applicant did not sustain an actual wage loss since the 15% difference is offset by the cost savings related to the above factors. The Applicant's wage loss claim is thereby denied.
Award
18The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $6,000.00
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.
Payment
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 28th day of March, 2017.
Jo-Anne Hughes, Member