Recently, Governor Newsom passed Executive Order N-62-20, which retroactively created a rebuttable presumption:
Employees diagnosed with a COVID-19 related illness on or after March 19, 2020 contracted the illness at work and are therefore entitled to full workers’ compensation benefits.
This presumption radically shifts the long-standing requirement that employees must provide medical evidence that an illness or injury was related to work to be eligible for benefits.
Workers’ Compensation Benefit Award Criteria (all four conditions must be met):
- The employee tested positive or was diagnosed with COVID-19 infection within 14 days after the employee performed work at the employee’s place of employment
- The day the employee performed labor or services at the employee’s place of employment at the direction of the employer was on or after March 19, 2020
- The employee’s place of employment was not the employee’s home or residence; and
- If the COVID-19 diagnosis was made without a positive COVID-19 test result, the diagnosis was made by a physician licensed by the California Medical Board, and that diagnosis is confirmed by further testing within 30 days of the diagnosis.
Management Takeaway – Employees who report a COVID-19 illness, alleging it was contracted at work and meet the above conditions, should receive form DWC-1 form, complete your accident/illness document and be sent to your clinic partner for evaluation and testing.
Contact us at [email protected] should you have questions or concerns on how to address situations of this type.