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EXECUTIVE ORDER N-62-20 PROVIDES A DISPUTABLE PRESUMPTION OF INDUSTRIALLY CAUSED COVID-19 FOR ALL CALIFORNIA EMPLOYEES

All California employees working at a jobsite outside of their home between March 19, 2020 and July 5, 2020 whom tested positive or diagnosed with COVID-19 within 14 days after a day of work are presumed to have contracted the illness while at work and may be eligible for Worker’s Compensation benefits.

Governor Newsom signed the Executive Order N-62-20 on May 6, 2020, which provides that any employee working outside their home and working under the direction of the employer is presumed to be eligible for Workers’ Compensation Benefits if the employee contracted COVID-19 between March 19, 2020 and July 5, 2020 while at work and suffered a disabling condition.

Under the Executive Order N-62-20, requirements to qualify for the presumption are as follows:

  • Your jobsite at which you are asserting COVID-19 was contracted is not your residence or home.
  • The date, on or after March 19, 2020, is a day worked at the jobsite.
  • A positive test or diagnoses for COVID-19 is within 14 days after a day worked at the employer’s jobsite and under the employer’s direction.
  • The diagnosis of COVID-19 is by a medical physician, and the diagnosis subsequently is confirmed by a positive test for COVID-19, within 30 days of the date of the diagnosis.

Although the presumption is rebuttable and the employer may dispute the claim, the burden will fall on the employer to present evidence that COVID-19 was not contracted at work.

In certain situations where COVID-19 may have been contracted or diagnosed outside of the March 19, 2020 and July 5, 2020 time period, a claim should be filed as you still may be eligible for benefits if it is proven that the injury arose out of your employment.

If you have any questions regarding the Executive Order N-62-20, a Workers’ Compensation matter for COVID-19 or other work related injuries and covered benefits, contact Heiting & Irwin at (951) 682-6400.

 

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