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

Decision

1I 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.