GOVERNOR NEWSOM ISSUES EXECUTIVE ORDER MAKING COVID-19 CASES SUBJECT TO REBUTTABLE PRESUMPTION OF INJURY
GMK ALERT – Today’s News You Can Use
ISSUE DATE: Wednesday, May 6, 2020
IN THIS ALERT: GOVERNOR NEWSOM ISSUES EXECUTIVE ORDER MAKING COVID-19 CASES SUBJECT TO REBUTTABLE PRESUMPTION OF INJURY
On May 6, 2020, Governor Gavin Newsom signed Executive Order N-62-20 creating a temporary rebuttable presumption for COVID-19 cases. The Executive Order will apply for 60 days from May 6, 2020 and applies retroactively to all claims made as of March 19, 2020.
The text of the Executive Order indicates that “any COVID-19 related illness” is rebuttably presumed compensable if it meets the following requirements:
1. The employee tested positive for COVID-19 within 14 days of working at their place of employment.
2. The employee was working on or after March 19, 2020.
3. The employee was not working from home during that time period.
4. The diagnosis was made by a licensed California physician.
The Order shortens the investigation period under Labor Code section 5402 from 90 days to 30 days.
The Order also indicates that if an employee has paid sick leave benefits specifically available in response to COVID-19 those benefits must be exhausted before any temporary disability benefits or Labor Code section 4850 benefits are paid. If no such paid sick leave benefits are available, temporary disability or Labor Code section 4850 benefits are to be paid from the date of disability.
To qualify for temporary disability or Labor Code section 4850 benefits the employee must satisfy either of the following:
1. Test positive or be diagnosed with COVID-19 on or after May 6, 2020 and be certified as temporarily disabled within 15 days of the diagnosis; or
2. Test positive or be diagnosed with COVID-19 prior to May 6, 2020, and obtain a certification documenting their periods of disability.
Employees seeking temporary disability or Labor Code section 4850 benefits must renew this certification every 15 days for the first 45 days following their diagnosis.
The employee will be entitled to all workers’ compensation benefits including full hospital, surgical, medical treatment, disability indemnity, and death benefits.
Apportionment pursuant to Labor Code sections 4663 and 4664 will apply to determinations of permanent disability.
The Department of Industrial Relations Death Without Dependents Unit shall waive collection of any death benefits pursuant to Labor Code section 4706.5.
WHAT THIS MEANS FOR YOU
The text of the Executive Order broadly applies to workers diagnosed with COVID-19 who are not working from their home or residence. The Executive Order provides for a rebuttable presumption of compensability mandating immediate investigation in a compressed period of time to determine entitlement to workers’ compensation benefits.
Click here for the full Executive Order.
Rick Goldman
Paul Magdalin
Goldman, Magdalin & Krikes, LLP