| 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 |