CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1804-01422
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for an injury resulting from a crime of violence. The Applicant is seeking compensation in the form of pain and suffering.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $3,000.00. The reasons for this Decision follow below.
Hearing
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Analysis
4A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injuries resulted from the crime of violence.
5I find the Applicant’s injuries resulted from the crime of violence because the Offender while being removed from the scene of the fight, freed from the Applicant’s hold and struck her face and nose area with his elbow resulting in injury to her nose and vision.
Evidence
6The Offender was an inmate at […] correctional center and he was in custody awaiting trial for Attempt murder. At this time the Applicant was a correctional officer. A fight broke out between the Offender and another inmate. The Applicant and other officers stepped in between the Offender and the other inmate. Finally when the Offender was removed he was being he managed to pull his arm free from the Applicant’s grasp and deliberately struck her in the face and nose area with his elbow. The Applicant heard her nose crack and her vision was instantly blurred. The Offender was then taken to the ground and was restrained by staff. He was escorted off the unit. The Applicant was taken to the hospital. The accused at the time was issued a misconduct for his actions and later transferred to the […] Detention Center.
7The report from the hospital states that the Applicant experienced pain in the shoulder and neck area, had scrapes to the right elbow and right knee. Her nasal bridge was swollen and bruised. The x-ray did not show any nondisplaced acute fracture of the nasal bone. On further examination they found deviated nasal dorsum to the left, collapse of L internal nasal valve. The Applicant requested a surgical correction of the of her nose to correct the abnormal appearance of her nose because of the assault on her.
8The psychologist assessed the Applicant as suffering from post-traumatic stress disorder. The family physician notes nasal fracture resulting in deviated nasal septum, which was repaired by surgical intervention. Estimated time for recovery was noted to be 6 weeks. She was referred for counselling.
9The ENT specialist states that he treated her for nasal deformity. Prognosis is noted to be excellent. Disability period is May 14, 2018 to July 13, 2018.
10The therapy report notes diagnosis of PTSD, hyper arousal, difficulty concentrating, increased alcohol use, withdrawal from meaningful social support, shame, fear and anxiety. Impact on the family was also a factor the Applicant had to deal with. She continues to suffer from nightmares and flashbacks.
11In her victim impact statement, she states that she continues to suffer from headaches, her nose is numb to touch, and sinus sensitivity to allergies. She was unable to return to former employment as a correctional officer. She experienced triggers throughout her return to work and her psychologist told her that her triggers were related to her PTSD. The detailed victim impact statement details the negative impact of these incident on many aspects of her life. The CICB had the benefit of photographs of the Applicant’s face especially nasal area.
Section 17
12After considering the evidence the CICB is satisfied there are no s. 17 issues relevant to deciding this Application.
Compensation
Pain and Suffering
13In assessing the claim for pain and suffering the CICB considered the nature of the assault which occurred in her duty as a peace officer, the physical injuries sustained requiring surgical intervention, the impact on her ability to return to work, her family and her own personal image. The emotional impact arising from the trauma of the assault is profound. In addition, the CICB has also considered the photographs of the injured nose/face proffered by the Applicant.
Award
14The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering
$ 3,000.00
Total Current Award
$ 3,000.00
Payment
15The CICB orders the following be paid immediately to:
Applicant
$ 3,000.00
Dated at Toronto on July 30, 2019.
Veda Rangan, Board Member