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

Decision

1I 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.

2Any 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.

3The 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.

4By this Order, I am not determining the admissibility and/or relevance of any documentation produced pursuant to it.

5The 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.