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May 12th, 2020
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. In order for this presumption to apply, the employee must test positive for or have been diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employer’s place of employment at the employer’s direction. This means that employees who are working from home and contract COVID-19 will not be covered by the presumption. Further, employees must be diagnosed by a licensed physician and the diagnosis must be confirmed by further testing within 30 days. The effect of this Executive Order is that once employees exhaust any paid sick leave benefits available in response to COVID-19, they will be eligible for all workers’ compensation benefits, including, “full hospital, surgical, medical treatment, disability indemnity, and death benefits.” This presumption is retroactive to injuries occurring as of March 19, 2020 and will remain in place until July 6, 2020. If you have a question about this executive order, or any other employment law questions, contact Tricia Legittino or any other member of our Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
The Fast and the Furious: Four Major Developments in COVID-19 and Return-to-Work Protocols
In case you blinked, we covered four major developments that came out in the past week that every employer needs to know as they reopen their offices. Read more.
June 16 2021
Vac to Work: EEOC Provides New Guidance on Vaccine Requirements, Incentives, and Documentation Requests
On May 28, 2021, the Equal Employment Opportunity Commission updated its ongoing guidance on COVID-related labor and employment rules, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The updates provide crucial information for employers working through their return-to-work plans. Read more.
June 4 2021
New York HERO Act Imposes New Health and Safety Rules on Employers
On May 6, 2021, Governor Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. Read more.
May 7 2021