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.
Importantly, this Executive Order is set to Expire 60 days after issuance; July 6, 2020, though the possibility remains that it will be extended.
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