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CA SB1159
Bill
AI Summary
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Defines "injury" to include illness or death from COVID-19 for employees who tested positive or were diagnosed within 14 days of working at their employer's direction, with different applicability periods: March 19-July 5, 2020 for all employees under Section 3212.86, and July 6, 2020 onward for critical workers under Section 3212.87.
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Creates a disputable presumption that COVID-19 injuries arose out of and in the course of employment for specified employees including firefighters, peace officers, healthcare workers, paramedics, and in-home supportive services providers.
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Requires employees to exhaust paid sick leave benefits available for COVID-19 before receiving temporary disability benefits, with certification requirements every 15 days for the first 45 days following diagnosis.
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Establishes presumption of compensability if liability is not rejected within 30 days (Section 3212.86) or 45 days (Section 3212.88) after claim form filing, rather than the standard 90 days.
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Applies COVID-19 presumption to all employees at workplaces with 5+ employees where an outbreak occurs (4+ positive tests within 14 days), and requires employers to report positive cases to claims administrators within three business days; all provisions expire January 1, 2023.
Legislative Description
Workers’ compensation: COVID-19: critical workers.
Last Action
Chaptered by Secretary of State. Chapter 85, Statutes of 2020.
9/17/2020