Covid-19 Resources: California

Key Points from Executive Order N-62-20; COVID-19 Presumption
On May 6, 2020 Governor Newsom (CA) issued Executive Order N-62-20, creating a presumption that an employee’s COVID-19 injury did arise out of and during the course of that employee’s employment.

Here are some key takeaways and timelines of which employers should be aware:

• Does not apply to employees working remotely from home
• Applies to exposure after March 19, 2020 thru July 5, 2020
• Sick pay specific to COVID-19 is to be issued first and before TTD commences.
• Employer has 30 days to deny claim
• All apportionment per Labor Code 4663 and 4664 remain applicable
• COVID-19 disease / injury must be found through positive test or diagnosis by a physician who holds both a physician and surgeon license, with a confirming test within 30 days.
• As to workers compensation benefits, the employer’s responsibility is triggered after a positive test or diagnosis (see above)
• COVID-19 medical treatment should be considered emergency care, and fall under “an acute condition” (Ca. Labor Code Section 4616.2 and Ca. Code of Regulations Section 9767.9 (e)(1),) treatment should be provided with the diagnosing physician.  

In order for the presumption to apply the exposure must have occurred after March 19, 2020 through July 5, 2020, the employee must test positive or be diagnosed with COVID-19 by a California Medical Board licensed physician and surgeon and if the employer is made aware of a claim, the employer and/or its insurance carrier has 30 days to deny the claim.

Testan Law stands ready to assist.