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20.1.12.4 Covid Presumption SB-1159

Category: 1. California Workers' Compensation Claims and Benefits
Last Updated on 29 June 2021
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Labor Code 3212.86 Labor Code 3212.87 Labor Code 3212.88
Between March 19-July 5 2020
"employee performed labor or services at the employee's place of employment at the employer's direction"
On or after July 6, 2020, this section applies to the following employees:
-Active firefighting members, whether volunteers, partly paid, or fully paid, from a list of fire departments;
-Peace officers;
-Fire and rescue services coordinators;
-Provides direct patient care, or custodial employee in direct COVID-19 contact;
-Registered Nurse, EMT, paramedic;
-Patient care for Home Health Agency
On or after July 6, 2020, this section applies to employees who are not described in section 3212.87-who test positive during an outbreak at the employee's specific place of employment; and whose employer has five or more employees.
"Outbreak" defined by number of employees
If <=100 4 employees test positive
If >100 4% of employees
Or place ordered closed.
To be presumed (disputable) as an industrial injury, all of the following conditions must be met:
1. "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."
2. "diagnosed was done by a licensed physician and surgeon holding an M.D. or D.O. degree or state licensed physician assistant or nurse practitioner, acting under the review or supervision of a physician or surgeon"
Diagnosis confirmed by testing in 30 days
To be presumed (disputable) as an industrial injury, all of the following conditions must be met:
1. "tested positive for COVID-19 within 14 days after a day that the employee performed labor or services at the employee's pace of employment at the employer's direction"
This presumption shall be extended to a person described in subdivison (a) following termination of service for a period of 14 days, commencing with the last date actually worked in the specified capacity at the employee's place of employment as described in subdivision (b).

To be presumed (disputable) as an industrial injury, all of the following conditions must be met:
1. "employee tests positive for 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."
This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 14 days, commencing with the last date actually worked in the specified capacity at the employee's place of employment.
No definition of "test" "Test" means FDA approved PCR (Polymerase Chain Reaction) test NOT serologic (antibody) test "Test" means FDA approved PCR (Polymerase Chain Reaction) test NOT serologic (antibody) test
Employee's residence is NOT a place of employment Employee's residence is NOT a place of employement Employee's residence is NOT a place of employment unless the employee provides home health care services to another individual at the employee's home of residence.
Disputable Presumption Disputable Presumption Disputable Presumption
Claim must be rejected within 30 days Claim must be rejected within 30 days Claim must be rejected within 45 days
Sick leave must be exhausted before TTD Sick leave must be exhausted before TTD Sick leave must be exhausted before TTD
DIR waves death benefits if no dependent DIR waives death benefits if no dependent DIR waives death benefits if no dependent
Applies to all "pending matters" including EO N-62-20 Applies to all "pending matters" Applies to all "pending matters"
    Specific information reporting requirements to claims administrator within 3 business days of employee positive COVID-19 test ($10,000 penalty for failure to comply)
"Repealed" on 1/1/2013 "Repealed" on 1/1/2013 "Repealed" on 1/1/2013



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20.1.12.4 Covid Presumption SB-1159