May 6, 2020
On May 6, 2020, Gov. Gavin Newsom issued an Executive Order creating a presumption of industrial causation for a diagnosed case of COVID-19, Coronavirus for any worker. To qualify for the presumption the employee:
- Tested positive or was diagnosed with COVID-19 within 14 days after the employee performed services at the employer’s place of business.
- The date of exposure was on or after March 19,2020.
- The employee’s place of employment was not the employee’s home
- The diagnosis was made by a doctor licensed in the State of California and the diagnosis was confirmed by testing within 30 days of the date of the diagnosis
WHAT EMPLOYERS/CARRIERS/TPAs NEED TO KNOW
- The Presumption is rebuttable
- The Presumption applies only to dates of injury occurring retroactive from March 19, 2029 through 60 days from 5/6/2020 (July 4, 2020).
- An Employer/Carrier has only 30-days to reject the claim under LC 5402. If not rejected within 30 days it shall be presumed compensable and can be rebutted only by evidence not discoverable within the first 30 days.
- Apportionment per LC 4663 and 4664 can apply.
- Where an employee has paid sick leave, those benefits shall be used and exhausted before any TTD or LC 4850 benefits are due and payable.
- Where an employee does not have paid sick time, TTD or LC 4850 benefits shall be paid commencing on the date of disability, with no waiting period.
- The employee must be certified for TTD within the 1st 15 days after the initial diagnosis and must be recertified every 15 days thereafter for the first 45 days following diagnosis.
- Per the Executive Order The DIR shall waive collection of any death benefit payments due under LC 4706.5 (death without dependents).
A formal analysis of the Executive Order will be forthcoming.
For More information or assistance contact
Pearlman, Brown & Wax, LLP
15910 Ventura Bl. 18th Floor
Encino, CA 91436