Covid 19 Resources

Covid-19 Resources: California


California
2020-05-20

Presumption Discussion - COVID-19-related illnesses shall be presumed to arise out of and in the course of the employment

Any COVID-19-related illness of an employee shall be presumed to arise out of and in the course of the employment for purposes of awarding workers' compensation benefits if the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee's place of employment at the employer's direction after March 19, 2020.  The diagnosis must be done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is then confirmed by further testing within 30 days of the date of the diagnosis. 

 

The presumption is disputable and may be controverted by other evidence, but unless so controverted, the Workers' Compensation Appeals Board is bound to find in accordance with it. This presumption shall only apply to dates of injury occurring through 60 days following the date of this Order or 7/5/2020.     

 

Where an employee has paid sick leave benefits specifically available in response to COVID-19, those benefits shall be used and exhausted before any temporary disability benefits or benefits under Labor Code section 4850 are due and payable. Where an employee does not have such sick leave benefits, the employee shall be provided temporary disability benefits or Labor Code section 4850 benefits if applicable, from the date of disability. In no event shall there be a waiting period for temporary disability benefits.

 

To qualify for temporary disability or Labor Code section 4850 benefit payments under this Order, an employee must satisfy either of the following:

 

a. If the employee tests positive or is diagnosed on or after the date of this Order, the employee must be certified for temporary disability within the first 15 days after the initial diagnosis, and must be recertified for temporary disability every 15 days thereafter, for the first 45 days following diagnosis; or 

 

b. If the employee tested positive or was diagnosed prior to the date of this Order, the employee must obtain a certification, within 15 days of the date of the Order, documenting the period for which the employee was temporarily disabled and unable to work, and must be recertified for temporary disability every 15 days thereafter, for the first 45 days following diagnosis.

 

Executive Order N-62-20 PDF

Michael J. Costello

Michael J. Costello
General Counsel and Managing Partner, Continuing Education

Santa Ana
Phone: (714) 245-8888

Debra  Tobias

Debra Tobias
Managing Partner, Professional Development

Oxnard (Westlake Village)
Phone: (805) 604-1816


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