CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1610-00218
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for injuries resulting from a crime of violence which occurred on [date], 2014, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). She is seeking compensation for pain and suffering incurred from a home invasion perpetrated by the Offender.
2The Applicant is also asking the CICB to reimburse her for the following expenses: Ambulance, Chiropractor Treatment, prescription medication, a security system and the monthly cost to monitor this system, the cost to move into a seniors residence for a few months after the incident and the loss of income/wages by the Applicant’s daughter to look after and care for her after the incident.
3The Offender was convicted of the following charges in relation to the incident: disguise with intent, utter threats to cause death or bodily harm, assault causing bodily harm, adult forcibly confinement, robbery with intent, break and enter with intent to commit an indictable offence and adult imitation firearm – use while committing an offence. The Offender was sentenced to 5 years in custody, pre-sentence custody of 705 days, 99 years firearm prohibition and an order to provide samples of his DNA.
Decision
4The CICB approves the Applicant’s claim and awards her $12,000.00 for pain and suffering and $420.00 for Chiropractor’s treatment.
Issues
5In this case, with respect to section 5 (a) of the Act; there is no question that the Applicant was a victim of a crime of violence as proven through the convictions described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred. The CICB must assess all relevant circumstances and whether or not compensation should be awarded and, if so, the amount, and whether or not the Applicant is compensable for her above mentioned claimed expenses.
Evidence
6The following is a summary of the facts and circumstances of the incident as disclosed by the Applicant and corroborated by the [Name] Police.
7The Applicant is now [age] years of age and at the time of the incident was 82 years of age. On [date], 2014 the Applicant who lives alone, was at home preparing herself to go to bed for the night. At about 10:00 p.m. the Applicant heard a knock at her front door, when she answered the door, she observed the Offender wearing a mask over his face. The Offender pushed his way into the Applicant’s home and began to yell at her. The Offender demanded $1,000.00 which he said the Applicant owed him and also the Applicant’s car keys. During the robbery, the Offender pushed the Applicant to the ground on three separate occasions threatening to kill her.
8Police investigation showed that it appeared that the Offender went through some kitchen cupboards and drawers and entered the master bedroom. The Applicant who was quite shaken up at the time was slightly vague on some details and was not sure if the Offender made off with money or property.
9Before leaving the Applicant’s home, the Offender ripped the phones out of the wall and smashed a portable phone on the floor.
10After the incident, the Applicant walked over to her neighbour and the Police was called. Ambulance attended the scene and transported the applicant to [Name] Hospital with injuries to her back and head.
11Police investigation resulted in the Applicant’s step great grandson (the Offender) being arrested and charged with the above mentioned criminal charges.
12The Applicant also provided the CICB with various documents in support of her claim:
The CICB was in receipt of Medical Reports from Hospital which noted that the Applicant presented with a laceration to back of her head from being struck on the back of head a few times by the Offender in the home invasion. The Applicant also complained of pain to her lower flank which had a large bump and redness.
The Hospital x-rays noted that the Applicant suffered from multiple transverse fractures as a result of the assault from the incident of [date], 2014.
13The following was received from Hospital which showed that the Applicant was admitted on [date], 2014:
- Your patient was discharged from the Medical Floor on [date], 2014. She was admitted to this facility on [date]. She was staying with her daughters following an assault that she sustained a few days prior to that. I believe that it was on [date]; she was assaulted on that day and was thrown to the floor several times. She was initially taken to the Hospital. A CT scan of chest and abdomen done on [date] showed multiple acute factors of the right lumbar transverse process. Since her assault, she was staying with her daughters. She was taking pain medications, namely Dilaudid. She developed some congestive cough productive of dark sputum. Her daughters found her to be confused and were concerned that she was developing pneumonia. They also noted a droopy mouth. She was brought to the Emergency Department on [date] in the afternoon.
14The CICB was in receipt of a medical report from the Applicant’s Family Physician, Dr. [Name] whose report noted that the Applicant presented with the following injuries: Left ear, occiput of head, upper chest, left arm, left elbow, left and right hand, right foot, left calf, lacerations and contusions to lumbar spine, multiple transverse spine fractures of vertebrae, large hematoma to left buttocks extending into left labia.
15[Family Physician] noted that the Applicant has physically deteriorated daily since the assault and has chronic pain in her back but superficial injuries. She also noted that the Applicant was retired from work but due to the assault, she was unable to maintain her home.
16The CICB was in receipt of a Chiropractor’s Report from Dr. [Name], noting that the Applicant suffered from lower back pain and attended treatment on 14 occasions.
Injuries
Physical
17The Applicant noted to the CICB the following injuries in her Application:
On-going back pain; and
Decreased mobility.
18Psychological/Emotional
Flashbacks;
Anxiety;
Fear;
Lifelong scar;
Hyper-vigilant; and
Had to install a security system in her home.
Analysis
19Section 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 was subjected to crimes of violence as defined by section 5(a) of the Act, as a result of acts of disguise with intent, utter threats, assault causing bodily harm, forcible confinement, robbery with intent, break and enter, imitation firearm use while committing offence, committed on [date], 2014 by the Offender.
20Having considered the evidence presented in the Applicant’s Application, the Applicant’s statement and the Police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
21The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factors to the Applicant’s ongoing physical and psychological injuries.
22In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the Police synopsis as well as the Medical Reports on file. The CICB was mindful of the circumstances of this incident and the physical and psychological injuries suffered by the Applicant and considered the following aggravated facts:
The age of the Applicant at the time of the brutal assault;
The sudden and unexpected nature of the attack;
The callous nature of the attack;
That the Applicant was attached in her home by her step great grandson;
The extent of the injuries sustained;
The time the Applicant spent in hospital and subsequent convalescent time; and
The treatment required and the associated period of recovery.
23Having considered these factors, the CICB awards the Applicant $12,000.00 for pain and suffering.
24The CICB considered the Applicant’s claims in respect to Chiropractor’s treatment of $420.00 for which receipt was provided. The CICB finds such costs to be reasonable and within the context of the Act and will therefore award for such costs.
25The 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, the CICB denies the expense claims for ambulance and prescription medication costs.
26The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to property/moving costs/personal items. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to the security system, and monitoring fees, and costs for staying at a retirement residence for a few months.
27With respect to the Applicant’s claim for income loss on behalf of her daughter, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or Income Tax records) in order to verify the employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed. In the absence of a detailed breakdown of the Applicant’s daughter’s loss of income to care for her mother, and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the Applicant has failed to establish her daughter’s claim for income loss and the claim in that regard is hereby denied.
Award
28The CICB orders payment as follows:
Section 7(1)(a) Chiropractor’s treatment $ 420.00
Section 7(1)(d) Pain and Suffering $12,000.00
TOTAL AWARD (AND COSTS) $12,420.00
29The 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
30THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $12,420.00
DATED at Toronto this 13th day of April, 2017.
Keith Forde, Member