Peter F. Chauvin

The Grievance Settlement Board ordered the grievor to sign a consent authorizing the release of his medical records to determine if an independent medical examination (IME) is appropriate.

The Board noted that failure to sign the consent would constitute a failure to cooperate under the parties' Memorandum of Settlement.

The Board reiterated concerns about whether the grievor could safely return to work, necessitating potential physical and psychological evaluations.

The parties disputed whether the grievor posed a safety risk if returned to work, following an independent medical examination by a forensic psychiatrist.

The arbitrator reviewed the medical report, which concluded that the grievor did not present an acute risk in the short term and was unlikely to overtly threaten others or act out physically in the long term, despite potential interpersonal struggles and parasuicidal gestures.

The arbitrator found that the most reasonable interpretation of the report was that there is no safety risk if the grievor is returned to work.