CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Julie Lassonde
Indexed as: (Re) 1801-00077
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for injuries resulting from a crime of violence. The Applicant is seeking the following forms of compensation: pain and suffering, medical expenses, future physiotherapy expenses and legal fees and disbursements. The Applicant withdrew his income loss claim prior to the hearing.
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 $3,111.14. The reasons for this Decision follow below.
Hearing
3The hearing was conducted in writing on the basis of the materials submitted by the Applicant.
Evidence
4The Applicant provided the following evidence, in addition to his application and written submissions: an email and a report from police, court documents including victim impact statements from the Applicant and his spouse, a hospital record, a doctor’s note, a treatment report from a foot clinic, photos of injuries, medical expense receipts, a postage expenses receipt, and a medical report invoice.
5In his application, the Applicant stated that he was assaulted by an acquaintance at a funeral service in 2016. The Offender pushed the Applicant and fell on him. The Offender then punched the Applicant while he was on the ground. The police report confirmed the nature and date of the incident and indicated that the Offender was charged with Aggravated Assault as a result. In an email, police also confirmed that the Offender pled guilty to Assault Causing Bodily Harm with respect to this incident in 2018 and that sentencing was scheduled for 2019.
6The Applicant wrote in his application that he suffered physical injuries as a result of this incident: a fractured lower right leg, as well as ankle pain and swelling. He explained that this injury occurred when he fell to the ground. The hospital record confirms his right ankle injury and the fact that he was treated on the day of the incident. Photos demonstrate ankle swelling and scarring. In his application, the Applicant stated that he was unable to perform heavy or prolonged manual labor or lift heavy objects, which was confirmed by a doctor’s note. He wrote that he had pain that prevented him from sleeping and required medication. He also mentioned that he was unable to work for some time and contribute to the household. From a psychological perspective, he explained that he felt depressed, lost life enjoyment and experienced difficulties in his family relationships, as a result of the incident.
7The Applicant submitted receipts for prescription drugs ($65.14), chiropractic treatment ($300), chiropodist treatment ($171) and a cast ($175). His legal representative submitted a receipt for postage expenses ($19) and a foot clinic report invoice ($100).
Analysis
Crime of Violence
8A finding of guilt is conclusive evidence that a crime of violence occurred. As there was a finding of guilt in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries resulted from the crime of violence.
Injury
9Evidence found in the hospital record corroborate the Applicant’s description of the incident and his ankle injury. It is also clear from the hospital record that he went to the hospital for an ankle injury on the day of the incident. I therefore find that, on a balance of probabilities, the Applicant’s physical injuries resulted from the crime of violence.
10While there is no medical evidence of the Applicant’s psychological injuries, based on the Applicant’s application, written submissions and victim witness statement prepared for Criminal Court, I am convinced on a balance of probabilities that his psychological injuries are also connected to the crime of violence.
Compensation
Pain and Suffering
11In assessing the claim for pain and suffering the CICB considered the nature of the crime and the severity of injuries. The Applicant experienced one incident during which he was pushed and punched. He had an ankle injury that required hospital treatment, treatment from a chiropractor and chiropodist, as well as a cast and medication. While medical evidence demonstrate that this is a serious injury, it also suggests that it is temporary. The Applicant also suffered psychological injuries for which he did not receive treatment. In these circumstances, I find reasonable to award $2,000 for pain and suffering, an amount that is comparable to what is generally awarded for similar cases.
Expenses
12The Applicant must provide reliable evidence to support the claims for:
expenses actually and reasonably incurred as a result of injuries
pecuniary losses resulting from his injuries and any other expense that the CICB considers is reasonable
13In his application, the Applicant explained that his medical expenses are connected to his ankle injury. I find reasonable to reimburse the Applicant for his medication, chiropractic treatment, chiropodist treatment and cast, expenses incurred as a result of his injury.
14The Applicant also mentioned in his application that he required physiotherapy treatment for his ankle injury. I find that his need for physiotherapy is connected to his injury and that it is reasonable in the circumstances to award him $1,000 for future physiotherapy treatment.
15Physiotherapy expenses incurred between May 16, 2019 and receiving this Decision will be deducted from the total award.
16Payment is made directly to the approved treatment provider on submission of an invoice, required verification form, and receivingconfirmation of the treatment provider's professional status unless the CICB already has confirmation on file.
Legal Fees and Disbursements
17The Applicant’s legal representative submitted a receipt for postage expenses ($19.00) and an invoice for a report from a foot care clinic ($100.00). It is the CICB’s practice to award $400.00 as a contribution to legal fees and disbursements. As the postage expenses are small and the legal representative did not provide evidence of payment of the report, I do not find that it is justified to deviate from the CICB’s usual practice. I find that it is reasonable to award the Applicant’s legal representative $400.00 as a contribution to legal fees and disbursements.
Award
18The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering
$2,000.00
Subsection 7(1)(a) Expenses – future physiotherapy
$1,000.00
Subsection 7(1)(a) Expenses
$711.14
Section 22 Costs
$400.00
Total Award (and Costs)
$4,111.14
Less: Preauthorized treatment costs
-$1,000.00
Total Current Award
$3,111.14
Payment
19The CICB orders the following be paid immediately to:
Applicant
$2,711.14
Law Firm
$400.00
Dated at Toronto on July 4, 2019
Julie Lassonde, Board Member