23600 (11 November 2022)

File Number – 23600

Criminal Injuries Compensation Tribunal

Applicant: [ ]

Date of incident: [ ]

Date application received: [ ]

On the [ ] the Applicant was working in the [ ] when a man came in and attempted to buy [ ]. The Applicant noticed that the name on the bank card which the man was attempting use was the same as the name on a bank card that had previously caused trouble for the shop. The Applicant asked the man for some ID, at which point he became extremely agitated and began hitting her with his fists on the top of her left arm and in the chest. He came around the counter and kicked her in the leg and struggled to get the card back off her.

The Applicant submitted that she tried to return to work the following Monday but had to leave early. The Applicant submitted that she did not return to work after that. The Applicant’s solicitor submitted that €38 was spent on a medical report. The medical report of Dr [ ] dated [ ] stated that in his view the Applicant should make a full recovery. The Applicant did not submit any documentation showing proof of earnings or social welfare received whilst off work.

The Tribunal requested the Applicant to submit vouching documentation by letter dated [ ], the Applicant and was informed that should there be no response the application would be sent to a Tribunal member for a decision.

Paragraph 10 of the Scheme provides:

“No compensation will be payable 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, and otherwise”.

Paragraph 14 of the Scheme provides:

“Compensation will be reduced by the value of the entitlement of the victim or claimant to social welfare benefits payable as a result of the injury and will be reduced, to the extent determined by the Tribunal, in respect of the entitlement of the victim to receive, under his conditions of employment, wages or salary while on sick leave”.

In circumstances where there is insufficient information in relation to any losses sustained, and where there is no medical report supporting the submission that the Applicant could not return to work, the Tribunal makes no award.

Dated: 11 November 2022

Signed: Mema Byrne BL