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

• and -

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

Decision

1At 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.

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.

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.

Footnotes

1. 1In 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”.