HomeMy WebLinkAbout2023-00103.Kellett.24-04-09 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2023-00103; 2023-01329; 2023-01330;
2023-01331; 2023-01332
UNION# 22-87; 22-12; 22-13; 22-14; 22-32
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Canadian Union of Public Employees - Local 1750
(Kellett) Union
- and -
The Crown in Right of Ontario
(Workplace Safety and Insurance Board) Employer
BEFORE Daniel Harris Arbitrator
FOR THE UNION Ryan Culpepper
Canadian Union of Public Employees -
Local 1750
National Representative
FOR THE EMPLOYER Jozef Hadlaw-Murray
Shields O’Donnell MacKillop LLP
Counsel
HEARING April 2, 2024
- 2 -
Decision
[1] I hereby find that the following documents are arguably relevant to this proceeding,
and, accordingly, order the holders of any of the following documents to produce
copies to the union, in care of Ryan Culpepper and the employer, in care of Jozef
Hadlaw-Murray:
a. The Grievor’s full and complete medical, clinical notes and records, in any
form, from all medical providers the treated or consulted the Grievor for the
period of January 1, 2018, to present day. This Order includes, but is
not limited to, imaging reports, requisitions, referrals, hospital records,
medical reports, clinical notes, progress reports, reports of diagnostic
tests, medical opinions, medications prescribed, prescriptions filled and
any other information about the Grievor’s medical condition over the
applicable period;
b. A copy of the Grievor’s full and complete LTD file from Desjardins
Insurance (“Desjardins”) for the period of January 1, 2018, to present
day;
c. All documents and correspondence between the Grievor, or her legal
representative, and Desjardins regarding the Grievor’s Statement of Claim,
dated August 28, 2019, and the Minutes of Settlement entered into on
February 9, 2021; and,
d. A copy of the Grievor’s full and complete file from the Employer’s former
Group Benefit provider, Canada Life, for the period of January 1, 2018 to
December 31, 2020.
[2] Any and all documents (especially but not limited to medical documents) produced
pursuant to this Order shall be treated as confidential and subject to the undertaking
that they will only be used for the purpose of the current proceeding. There shall be
no copying or reproduction in whole or in part of the documents (especially but not
limited to medical documents) produced pursuant to this Order, except for the
purposes of the current proceeding.
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[3] The terms of this Order shall be communicated to any and all persons in possession,
custody or control of any and all documents (especially but not limited to medical
documents) as a condition of receiving such documents and that this order is binding
on any and all persons in possession, custody or control of the documents.
[4] By this Order, I am not determining the admissibility and/or relevance of any
documentation produced pursuant to it.
[5] The obligation of the parties to produce documents pursuant to this Order is subject
to claims of privilege and/or subsisting agreements regarding confidentiality, as
agreed upon by the parties or as determined by the Board.
Dated at Toronto, Ontario this 9th day of April 2024.
“Daniel Harris”
Daniel Harris, Arbitrator