On September 17, 2020, Governor Gavin Newsom signed into law SB 1159, which establishes a rebuttable presumption that illness or death resulting from COVID-19 is compensable for front-line workers and employees who contract COVID-19 due to a workplace outbreak. Please note this bill specifically addresses a presumption of compensability. Regardless of whether your employee falls into one of the categories outlined within the bill, if they allege a COVID-19 positive diagnosis is work related you must provide them with a DWC-1 Claim Form and report the claim to your workers compensation insurance company within 24 hours of knowledge. The bill also imposes new reporting obligations for both employers and their claims administrators (insurance companies).
These significant changes take effect immediately and we strongly advise employers to evaluate the bill in detail and develop a plan of action. The complete bill text can be viewed here. The Department of Industrial Relations has published an FAQ which is available here.
We anticipate each insurance company will be conducting outreach to educate their respective policyholders and provide additional tools regarding SB 1159 compliance. In the meantime, we have analyzed the bill and developed the following material for your reference:
We understand the burden this will place on both employers and their insurance company and will be here to help you navigate these new regulations. Please do not hesitate to reach out to our office with any questions or concerns.
At the same time, Governor Newsom signed AB 685, which, among other things, requires employers to notify employees of COVID-19 exposure and local public health officials of outbreaks within within specified time frames. We are evaluating the details of this new law and will provide additional insight soon.
