CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1610-00065
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 medical expenses and travel to treatment, loss of income, pain and suffering as a result of physical assault that occurred on [date], 2016 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction for assault with a weapon.
Decision
2The CICB approves and awards the Applicant the sum of $10,000.00 for pain and suffering for the reasons set out below.
Issues
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4Having met the above threshold, in deciding whether or not to exercise the CICB’s discretion to award compensation and the amount thereof, we must consider the following and the Applicant must provide reliable evidence to support her claims for:
Expenses actually and reasonably incurred as a result of her injury pursuant to subsection 7(1)(a) of the Act. The Applicant has claimed ambulance cost of $45.00 and travel to treatment costs.
Income loss incurred as a result of her total or partial disability affecting her capacity for work pursuant to subsection 7(1)(b) of the Act. The Applicant is claiming $24,000.00 as loss of income for period from April 2016 to the time of the application
Evidence
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: 2 Police Reports both dated [date], an incomplete Dental Report dated [date] (not relevant to the issue before CICB), Hospital Records dated [date], Therapy Report from [name] dated [date], Medical Report from Family Physician, [name], dated [date], and CRA reports for the period 2012 to 2015.
7The Applicant, in her Application form states that she sustained a gash on her nose and a large cut on her left cheek requiring 40 stitches to close it. In addition she states that her jaw was injured limiting her capacity to open it fully and nerve damage to the left side of her face.
8Since the attack the Applicant states that she has experienced crying spells, flashbacks sleep disturbances and nightmares. She was diagnosed with depression and was prescribed anti-depressants. The Applicant also attended treatment at a medical health day program and also attended trauma counselling through VQRP.
Hospital Report
9The Report states that the Applicant experienced significant pain on the left side of the head which is attributed to the injury from the assault. The Applicant had surgical repair to repair Temporalis fascia, facial lacrations and repair frontal branch/temporal branch and facial nerve at 3 levels.
10[Name] Report states that the [age] year old Applicant suffered a traumatic experience when her son tried to kill her with an axe. Since the attack she has been attending Day Hospital Program. During these sessions she reported that she feels a sensation that someone is stabbing her and startles very easily. She has nightmares of people trying to kill her, and sometimes cries out in her sleep. She gets flashbacks of the incident when she sees a knife or tools and now has to prepare meals with a very small knife because she is afraid to use larger sharp instruments. She is unable to watch scary movies. The Applicant also told the Therapist that she feels guilty about her son and stated “something is wrong with me, why is he like this, I hate myself”. She binges on food when nervous and has gained 10 kg since the attack.
11She was diagnosed as experiencing symptoms of PTSD from the attack and major depression with psychotic features. She was prescribed prazosin and prozac. The Applicant was also diagnosed with major depression with psychosis and struggles with the impact of the traumatic assault with a weapon by her severely mentally ill son. She is noted to be socially withdrawn and depressed. The program identified the Applicant as experiencing significant anxiety when home alone and continues to worry about her son attacking her again. During the sessions the Applicant exhibited symptoms of low self- esteem, some passive suicidal ideation while denying intent
12The Discharge Summary Report by Dr. [name] notes that the Applicant was operated for craniofacial injuries on [date], 2016. At this time the plastic surgery service was consulted for management of a complex laceration in the left temporal region involving deep sutures.
Therapy Report from [Name]
13The Therapist in her report states that the Applicant experiences flashbacks on a regular basis, extreme anxiety about fear of another attack, depression, and lack of motive to live. She is also very self-conscious about the scars from the assault on her face and head and therefore has socially isolated herself. As a result of her inability to resume her business she experiences financial constraints and is unable to buy cosmetics to cover up her scars.
14The Therapist recommends counselling to address emotional and psychological consequences of the trauma.
15Dr. [name], her Family Doctor, states that the Applicant was seen and treated by various specialists including psychiatrists, psychologists, plastic surgeon, ophthalmologist and neuro-ophthalmologist. Although prognosis is reported to be good the Family Doctor is unable to give a time frame for recovery.
Analysis and Decision
16For the following reasons the CICB grants the Application.
17The CICB has very carefully reviewed the documentary evidence on file and finds that the Applicant had sustained physical injuries requiring surgical and medical intervention. The injuries have also resulted in some physical limitations but the emotional impact from this assault is noted to be very profound. The Applicant also continues to feel the emotional residual impact of the assault on her. It has to be noted that the Applicant also experienced an exacerbation of her pre-existing psychological conditions arising from or connected to a series of past serious traumas.
18Based on the Medical Reports from professionals in their respected fields, which substantiates the Applicant’s claim for pain and suffering award, the CICB awards the Applicant $10,000.00 for pain and suffering.
19With regards to the Applicant’s claim for ambulance cost of $45.00, 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 the ambulance fee of $45.00. The CICB also denies the claim for travel to treatment in the absence of pertinent information such the number trips taken substantiated by the Therapist’s Report.
20The CICB has considered the Applicant’s claim for loss of income in the amount of $24,000.00 from [date] 2016 to the time of the Application. Documentation on file indicates that the Applicant was in receipt of benefits from Ontario Works in 2016 and was later awarded ODSP until 2018. The CICB does not have the benefit of the monthly entitlement or the start and end date of the OW benefit. However, since the evidence indicates that other factors have contributed to the Applicant’s overall emotional difficulties and need for treatment and her inability to work prior to Ontario Works benefits being awarded, the CICB, under these circumstances finds it reasonable to award a contribution of $1,000.00 towards loss of income.
Counselling
21Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $2,400.00 (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 times 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 $2,400.00 amount described above.
Award
22The CICB orders payment as follows:
Subsection 7(1)(a) Expenses (Section 14 Award) $ 2,000.00
Subsection 7(1)(a) Future Pre-Authorized Expense $ 2,400.00
Subsection 7(1)(b) Income Loss $ 1,000.00
Subsection 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD (AND COSTS) $15,400.00
Less: Section 14 Award – already paid/authorized -$ 2,000.00
Less: Preauthorized treatment costs -$ 2,400.00
TOTAL CURRENT AWARD $11,000.00
Payment
23THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $11,000.00
Dated at Toronto on 30th day of March, 2017
Veda Rangan, Member