HomeMy WebLinkAbout2009-1674.Grievor.14-05-13 DecisionCrown 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#2009-1674, 2009-1675
UNION#2009-0521-0048, 2009-0521-0049
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
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The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Ken Petryshen Vice-Chair
FOR THE UNION Jane Letton
Ryder Wright Blair & Holmes LLP
Barristers and Solicitors
Counsel
FOR THE EMPLOYER Paul Meier
Ministry of Government Services
Legal Services Branch
Counsel
HEARING May 9, 2014
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Decision
[1] At the hearing on May 9, 2014, which was scheduled to deal with remedial issues, the
Employer sought an order for production of certain medical documentation. The Union opposed
this request. After considering the position of each party, I determined that it was appropriate to
order the production sought by the Employer. Counsel agreed on the form of the order. I hereby
direct the Union to seek production of the following documentation in the possession or control
of Health Records ROI, St. Joseph’s Health Centre (and/or from Mr. P. Dominic, Dr. V.
Sivasubramanian & Dr. T. Turner):
1. All of Mr. Peter Dominic’s notes, emails, memoranda, letters or any other documentation
pertaining to Grievor from Grievor’ first visit with him (circa 2003)1 up to 8
February 2008, including any and all St. Joseph’s Health Centre Interdisciplinary Focus
Notes with entries regarding Grievor up to 8 February 2008.
2. All of Mr. Peter Dominic’s notes, emails, memoranda, letters or any other documentation
pertaining to Grievor from 13 January 2012 up to present, including any and all St.
Joseph’s Health Centre Interdisciplinary Focus Notes with entries regarding Grievor
from 13 January 2012 up to present.
3. All of Mr. Peter Dominic’s notes, emails, memoranda, letters or any other documentation
pertaining to Grievor’ application for Long Term Income Protection (“LTIP”) benefits
since November 2008 up to present and any notes, emails, memoranda, letters or any
other documentation pertaining to Grievor’ application for Canada Pension Plan (“CPP”)
disability benefits, including any appeals thereof, since November 2008 up to present.
4. All of Dr. V. Sivasubramanian’s notes, emails, memoranda, letters or any documentation
pertaining to Grievor from 25 January 2012 up to present, including any and all
Consultation Reports and correspondence.
5. All of Dr. V. Sivasubramanian’s notes, emails, memoranda, letters or any other
documentation pertaining to Grievor’ application for LTIP benefits since November
2008 up to the present and any notes, emails, memoranda, letters or any other
documentation pertaining to Grievor’ application for CPP disability benefits, including
any appeals thereof, since November 2008 up to present.
1 In his “psychiatry clinic” report dated 6 February 2004 [see Exhibit 10], Dr. Desai (Dr. Siva’s
predecessor) states that Grievor had been “attending regular outpatient follow-up appointments with
Mr. Dominic and is receiving cognitive and supportive psychotherapy”.
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6. All of Dr. Tyrone Turner’s notes, emails, memoranda, letters or any other documentation
pertaining to Grievor, including any and all Consultation Reports and correspondence.
7. All of Dr. Tyrone Turner’s notes, emails, memoranda, letters or any other documentation
pertaining to Grievor’ application for LTIP benefits since November 2008 up to present
and any notes, emails, memoranda, letters or any other documentation pertaining to
Grievor’ application for CPP disability benefits, including any appeals thereof, since
November 2008 up to present.
Dr. David Daien:
8. Grievor’ complete medical file, including all notes, emails, memoranda, letters or any
other documentation pertaining to Grievor, from June 2002 to 6 November 2008,
including any and all “Chart Documents”.
9. Grievor’ complete medical file, including all notes, emails, memoranda, letters or any
other documentation pertaining to Grievor, from 13 May 2010 up to present, including
any and all “Chart Documents”.
10. All of Dr. David Daien’s notes, emails, memoranda, letters or any other documentation
pertaining to Grievor’ application for LTIP benefits since November 2008 up to
present and any notes, emails, memoranda, letters or any other documentation pertaining
to Grievor’ application for CPP disability benefits, including any appeals thereof, since
November 2008 up to present.
GENERAL
I further direct the parties as follows:
11. The Union will write to the St. Joseph’s Health Centre (and/or to Mr. P. Dominic,
Dr. V. Sivasubramanian & Dr. T. Turner) and to Dr. David Daien forthwith,
requesting that the above-noted medical information be released to Union counsel as
soon as possible (and enclosing Grievor’ signed consent to release the medical
information). Union counsel will provide Employer counsel with a copy of her letters
of request.
12. The Employer shall make no copies of the documentation (except for witness copies
as required during the proceedings). With respect to the Employer, the Employer’s
Counsel may share the records with one Employee Relations Officer and one
instructing client or their respective successors. With respect to any medical expert
retained by the Employer, if any, the Employer’s Counsel may share the records with
that expert.
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13. The Employer will pay for the reasonable costs of the physicians and medical
professionals in reproducing the notes and records. The parties will come to a
mutually agreeable arrangement as to how this will be done.
Dated at Toronto, Ontario this 13th day of May 2014.
Ken Petryshen, Vice-Chair