HomeMy WebLinkAbout2012-3907.Grievor.18-09-27 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2012-3907; 2017-0647
UNION#2013-0338-0001; 2016-0338-0002
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Grievor) Union
- and -
The Crown in Right of Ontario
(The Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Arbitrator
FOR THE UNION Christopher Bryden
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Felix Lau
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
September 26, 2018
- 2 -
Decision
[1] I have before me an appeal about the denial of Long Term Disability
Benefits. The parties agreed at the hearing on September 26, 2018 to resolve the claim
of the Grievor on the following basis:
1. The parties agree that the Claimant was totally disabled from the essential
duties of her own occupation and will receive LTIP own-occupation benefits from
July 15, 2013 to July 14, 2015.
2. To the best of her abilities and in light of her medical issues, the Claimant with
the assistance of her representatives will obtain any additional medical
documentation the Claimant wishes to rely upon relevant to the insurer’s
consideration of the Claimant’s entitlement to benefits during the any-occupation
period. The parties agree to continue to expedite the processing of the
Claimant’s LTIP application and agree that best efforts shall be made to ensure
any such additional information is obtained within three months of the date of this
decision. It is understood that some of these documents are in the hands of third
parties.
3. If the insurer denies the claim for the any-occupation noted in paragraph 2
above, the Claimant retains the right to file an appeal in accordance with the
Parties’ Memorandum of Settlement with Addendum dated July 20, 1999 and
Memorandum of Settlement dated May 17, 2001 regarding JIBRC and CRS and
the June 15, 2015 Memorandum of Settlement.
4. The parties further agree that the June 15, 2015 Memorandum of Settlement
regarding the termination grievance continues to apply.
Dated at Toronto, Ontario this 27th day of September, 2018.
“Ken Petryshen”
Ken Petryshen, Arbitrator