53167 (29 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53167

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was walking home from an evening out with a friend on the night of [ ], when he was assaulted by a couple of men on [ ] who also stole his signet ring. The Applicant reported the incident to the Gardaí who came upon the scene.

The Applicant’s claim is that he suffered a fracture to his ankle as a result of the assault and that when he attended at the A & E Department at [ ] Hospital, he was admitted as an in-patient for treatment, under the care of Consultant Orthopaedic Surgeon, [ ] until [ ], and as an outpatient for follow up treatment until [ ]. The Applicant claims that he also attended his GP, [ ], in respect of the injuries he sustained in this attack.

The Applicant further claims that this assault exacerbated underlying significant depression from which he suffered and at the time of submitting his application he still had weakness in his [ ], could not weight bear for long periods, and got [ ].

The Applicant has submitted a note, [ ], which confirms that he attended sessions at [ ] Counselling Service, [ ], and a further note, dated [ ], from his GP, which confirms that he had attended his GP practice and told his doctor that he was assaulted on [ ].

The Applicant claims that as he was refused light duties in work, his employment became physically impossible to continue. At the time of submitting his application the Applicant was in receipt of an invalidity pension. In addition to a claim for loss of earnings, the Applicant is also claiming for travel for medical appointments, clothing and shoes.

This application was submitted on behalf of the Applicant by [ ] and was received by the Tribunal on [ ], which was over five years after the incident, the subject matter of his application.

Paragraph 21 of the Scheme states:

“Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury…”

It is clear from Paragraph 21 that where an application is submitted beyond three months after the incident the subject matter of the application, the Tribunal is entitled to consider the circumstances which gave rise to that delay in submitting that application, and where it deems such circumstances justify exceptional treatment, the Tribunal may accept the application for further consideration.

Section 2 (f) of the application form provides an opportunity for applicants to set out the reasons for delay, if any, in submitting their application. In the instant case, at s 2 (f) the Applicant states: “ I was medically unfit to bring an application at the time. I was referred to counselling for significant depression in the wake of the incident . I attended [ ] sessions of counselling in [ ]. The depression continues to this day and there is a frustration at not being able to work. The depression clouds normal thought processes.”

Upon receipt of this application the Tribunal wrote to the Applicant’s legal advisors and set out the material it required in order to process and consider his claim. The Applicant’s legal advisors, in response communication dated, [ ], stated that they would revert with the relevant information. The Tribunal did not receive any further communication from either the Applicant or his legal advisors after that.

Most recently, on [ ], the Tribunal wrote to the Applicant’s legal advisors and enquired as to whether he was still pursuing his claim, and if so, to confirm same with the Tribunal by [ ]. No response was received.

Paragraph 11 of the Scheme states:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

In the opinion of the Tribunal, it is not necessary to assess the issue of delay in submission of this application by the Applicant and whether the reasons for that delay warrant exceptional treatment of this application, as the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider this application, as required by paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

29 March 2023