Receiving Worker’s Compensation Benefits Made Easier In California

Author: Mesriani Law Group
Posted on: May 8, 2020

CALIFORNIA — Gov. Newson signed an executive order that would make it easier for workers infected with COVID-19 to claim worker’s compensation benefits.

The new order streamlines the process for worker’s compensation eligibility for workers who contract the virus while working away from home.

Under the order*:

Any COVID-19-related illness of an employee shall be presumed to arise out of and in the course of the employment for purposes of awarding workers’ compensation benefits if all of the following requirements are satisfied:

  1. The employee tested positive for or was diagnosed with COVID19 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. The day referenced in subparagraph (a) on which the employee performed labor or services at the employee’s place of employment at the employer’s direction was on or after March 19, 2020;
  3. The employee’s place of employment referenced in subparagraphs (a) and (b) was not the employee’s home or residence; and
  4. Where subparagraph (a) is satisfied through a diagnosis of COVID-19, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis.

Accepted claims are eligible for all benefits under the worker’s compensation laws of California.

Within 30 days from the filing of the claim, an employer may dispute the worker’s claim but only under tight criteria and with substantial evidence.

 

*For more info:
https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20-text.pdf;
https://www.gov.ca.gov/2020/05/06/governor-newsom-announces-workers-compensation-benefits-for-workers-who-contract-covid-19-during-stay-at-home-order/