Foilsiú
53436 (12 May 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
APPEAL HEARING
APPLICANT: [ ] [53436]
**Held by way of Virtual Hearing on the 11th day of January 2022
Present
Tribunal Members:
For the appellant:
This matter came before the Tribunal panel by way of an appeal from the single member decision dated the 20th February 2020.
The Chairman welcomed Mr. [ ] and his legal representatives and introduced the members of the panel, Ms. Byrne and Mr. Culleton and also noted the presence of Anne Marie Tracey, Secretary to the Tribunal.
The Tribunal had in front of it, and the Chairman noted, that they had read the Garda reports, the Doctors reports, letter from the employer, Revenue details, Social Welfare payment and the out of pocket expenses.
Evidence was given that on the [ ], the Appellant was assaulted sometime over that evening between the [ ] and the [ ] with a [ ] at [ ], by a [ ].
The Chairman assured the Appellant and his representatives that having read the papers, that the panel was satisfied that he was the victim of an injury criminally inflicted.
The Chairman asked that the representatives should note that an ongoing issue in connection with this matter was the application of Article 21 (now Article 20) of the Scheme.
Article 21 provides: “Application should be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months from the date of the incident given rise to the injury”.
The incident happened on the [ ] possibly leading into the [ ].
The Tribunal was first notified of the application by way of undated application form but received by the Tribunal on the [ ]. The Tribunal noted that at clause 2(f) of the application form, the Applicant stated “since the incident I have suffered with a very serious head injury and have not been able to return to work. I suffer from severe headaches and controlled vertigo and have not been able to address or even think about the incident it was so traumatic.”
The Chairman outlined that the Tribunal, in assessing whether Article 21 applies, need to look at the entire circumstances of the matter.
It was noted that a report from Mr. [ ] was submitted in evidence and in particular the report of the [ ] which gave a details of his medical treatment following this assault. It was noted that the Appellant had consumed alcohol on the night and that he was not sure whether he was unconscious or not. However, he did run away from the scene of the incident. Glasgow coma scale was 14/15 and examination of pupils was normal. There were no clinical signs of skull fracture. His Glasgow coma scale improved to 15/15. There were no focal neurological signs. Thereafter, he was going to see the plastic surgical team in the Trauma Clinic in [ ] Hospital.
On review, on the [ ], he stated that he had severe headaches after he was discharged from hospital. It was noted that he subsequently attended [ ] Hospital on the [ ], three weeks post the assault, and again the examination of his pupils was normal, and his Glasgow coma scale was normal. He was complaining of headaches and weakness. There was no history of nausea and vomiting and no history of dizziness or visual disturbances. The examination of his central and peripheral nervous system was normal. A CT scan of his brain was requested, and it was reported as normal.
His next attendance at the Emergency Department was on the [ ], subsequent to his lodging the application form. He was complaining of ongoing headaches. His Glasgow coma scale was 15/15 and the examined pupils were normal. His neurological examination on the day was normal. CT scan of his brain was reported as normal. He subsequently had, in [ ], an MRI scan of his brain performed which reported as normal.
In oral evidence before the Tribunal, the Mr [ ] said that he was hit over the head with a [ ]. He said he didn’t really remember much. He has a number of sutures to the head. He said that they moved out of the home that they were living in and his mother and father started looking after him. He said he had to retreat to a dark room with a cloth over his head. He said [ ] had to go back to work all day. He said he had the headaches all day every day. He said he had depression. He said he was under the mistaken belief that he couldn’t take any steps until such time as the Criminal proceedings were finished. He said the Judge told him to go get a Solicitor. He said that was the first time that the option of going to the Tribunal was open to him. He confirmed that he would look after the kids and that the family had [ ] children aged [ ] down to [ ]. He said he returned to normality about 18 months to 2 years but he did point out that 4 years on he still hasn’t seen a Neurologist. He confirmed to Mr Culleton that he did seek Counselling from a HSE appointed Counselor.
The Tribunal having considered all matters have concluded that in light of the ongoing issues regarding headaches, dizziness and fact that he had to receive counselling are circumstances which justify exceptional treatment in this case and accordingly the Tribunal is prepared to admit the application.
At the time of the incident the Applicant was out of work from the [ ]. [ ] Limited confirmed that he left his employment in [ ] due to head injuries that he received outside of his duties in work.
According to his P60 he earned approximately €15,000 gross with the [ ] Limited in [ ]. His net pay after deductions of UFC and PRSI was approximately €14,500.00. However in [ ] for the first two months he actually earned €5,574.31 which allowing for USC and PRSI represented approximately €5,300. Adding both sums together makes a total of €19,800 over 14 months leaving a net earnings per month of €1,414 averaged out over the previous 14 months.
According to the Applicant’s Solicitor he received Social Welfare payments for approximately 2 years which suggest that he was on job seekers. Mr [ ] states that he was unable to work from the [ ] to [ ]. On the balance of probabilities therefore he suffered 2 years and one months net loss of earnings amounting to €35,350. Deducting the illness benefit of €19,975.87 leaves a net loss of €15,374.13 in respect of loss of earnings.
In addition there are vouched medical bills of €320.
In connection with travelling expenses the Tribunal is prepared to award the sum of €100. The total sum for losses therefore is the sum of €15,794.13 and the Tribunal so awards €15,794.13.
Dated: 12 May 2022
Signed: Martin Lawlor, Chairman