Should the COVID-19 Presumption Be Permanent?

The Senate Labor, Public Employment and Retirement Committee passed on a 4-1 vote a bill to extend several rebuttable presumptions to frontline workers in acute care hospitals, including a permanent presumption for COVID-19 infections. The bill, SB 213 by committee chair Sen. Dave Cortese (D-San Jose), covers a range of infectious diseases, cancers, musculoskeletal injuries, … Read More »

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More Presumption Bills

The Senate Labor, Public Employment, and Retirement committee advanced without opposition a bill to expand an existing workers’ comp presumption for post-traumatic stress disorder (PTSD). It will provide the presumption to more public safety officers and others involved in emergency response. Legislators also amended another presumption bill to expand coverage and yet another to make … Read More »

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AB 5 Exemptions, COVID-19 Reporting Bills Approved

The bill signing season is well underway. Governor Gavin Newsom put pen to paper on many bills, including measures increasing the number of exemptions to the Dynamex ABC test and a bill requiring employers to report workplace cases of COVID-19 to local and state public health officials. In addition to these measures, brokers should take … Read More »

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COVID Presumption Signed – Effective Immediately

The Governor signed SB 1159, creating the rebuttable presumption that cases of COVID-19 are work-related. The law requires certain conditions to be met — including the obvious requirement that an employee test positive for the virus. The bill codifies the governor’s earlier executive order creating a presumption for essential workers. The bill also expands it … Read More »

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Coronavirus Presumption Becomes Urgency Measure

The Legislature’s plan to codify and expand Governor Gavin Newsom’s executive order creating a rebuttable presumption that COVID-19 cases are work-related, has passed the Legislature. It is heading to Governor Newsom’s desk.    SB 1159 by Sen. Jerry Hill (D-San Mateo) cleared both houses in the final hours. The bill is an urgency measure and … Read More »

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Coronavirus Presumption Bills In Motion

There are three pending creating a workers’ comp presumption concerning COVID-19 being automatically work-related for certain employees. The bills are newly amended and awaiting review by both Houses. However, work in the Senate is strange because Senator Brian Jones (R-Santee) tested positive for the virus, which originated in Wuhan China. Yesterday’s Senate floor session was … Read More »

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Legislature Resumes Next Week – Workers’ Comp Bills

The California Legislature returns next week after an extended summer recess due to an outbreak of COVID-19 cases among legislators and staff. Awaiting action are a number of bills affecting the workers’ comp system, including a key measure to create a presumption of compensability for COVID-19 claims filed by public and private sector employees alike. … Read More »

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Early COVID-19 Claims Accepted And Denied

The full impact of the COVID-19 pandemic on workers’ comp claims remains to be seen. Still, the California Workers’ Compensation Institute says a review of early claims show the majority were accepted or were only denied when the employee tested negative for the coronavirus. Many other claims were still under investigation at the time of … Read More »

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