Workers Compensation- Presumption that Covid-19 Acquired in Course and Scope

On May 6, 2020, Governor Gavin Newsome issued Executive Order N-62-20. That order created a rebuttable presumption that any Covid-19 related illness of an employee will be presumed to arise out of and in the course of employment for the purposes of Worker’s Compensation so long as the following conditions are met:

Employee tests positive for, or is diagnosed with Covid-19 within 2 weeks of performing labor or services at place of employment at employer’s direction;
The date of performing services was after March 19, 2020;
The place of employment (referenced in (a) and (b)) was not employee’s home or residence;
The initial diagnosis was done by a physician licensed by the California Medical Board and is confirmed by further testing within 30 days of date of diagnosis.

So long as those four factors have been met, there is a rebuttable presumption that the illness is a work-related injury and subject to the benefits and limitations of the Worker’s Compensation system.

This Executive Order was originally set to expire July 6, 2020 but was extended by the legislature in Senate Bill 1159 which, when it was signed by the Governor, extended this presumption through January1, 2023.