{"id":"AGY-ST-INSURANCE-BANKING-047","kind":"order","level":"state","jurisdiction":"California; Governor (workers\u0027 compensation presumption order)","state":"CA","metro":"","industry":"","agency":"ST-INSURANCE-BANKING","eco":"","issuer":"Governor Gavin Newsom","authority":"Cal. Gov\u0027t Code §§ 8567, 8571, 8627","instrument":"Executive Order N-62-20","title":"Executive Order creating a rebuttable presumption that COVID-19 illness of employees working outside the home arose out of and in the course of employment","dateIssued":"2020-05-06","effective":"Applies to dates of injury from March 19, 2020 through 60 days after May 6, 2020 (July 5, 2020)","end":"2020-07-05 by its terms; codified and extended by SB 1159 (Stats. 2020, ch. 85, Sept. 17, 2020; Labor Code §§ 3212.86-3212.88) through January 1, 2023","startDate":"2020-03-19","endDate":"2020-07-05","quarters":["2020Q2","2020Q3"],"types":["OTHER","EMP"],"addressees":["all California employers and workers\u0027 compensation insurers","the Workers\u0027 Compensation Appeals Board and Division of Workers\u0027 Compensation"],"clause":"IT IS HEREBY ORDERED THAT: 1) 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\u0027 compensation benefits if the employee tested positive or was diagnosed within 14 days after performing labor or services at the employee\u0027s place of employment at the employer\u0027s direction on or after March 19, 2020, and the place of employment was not the employee\u0027s home]... 2) The presumption set forth in Paragraph 1 is disputable and may be [controverted by other evidence]... This presumption shall only apply to dates of injury occurring through 60 days following the date of this Order. 3) Notwithstanding Labor Code section 5402, if liability for a claim of a [COVID-19-related illness is not rejected within] 30 days after the date the claim form is filed under Labor Code section [5401, the illness shall be presumed compensable].","enforcement":"Cal. Labor Code div. 4 (workers\u0027 compensation adjudication); Gov\u0027t Code § 8665 (violation of emergency orders)","functions":["IN workers\u0027 compensation insurers and self-insured employers (claims presumed compensable)","WF every California workforce working outside the home March 19 to July 5, 2020","HR employer claim-handling within 30 days"],"notes":"Bracketed text paraphrases sub-paragraphs (a)-(d) of paragraph 1; the exhibit carries the full text.","sourceUrl":"https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20-text.pdf","snapshot":"https://web.archive.org/web/20200507184531/https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20-text.pdf","fileExists":true,"fileBytes":84766,"grade":"primary","character":"","description":"","collection":"AGY-ST-INSURANCE-BANKING","url":"/library/AGY-ST-INSURANCE-BANKING-047","exhibitUrl":"/exhibit/AGY-ST-INSURANCE-BANKING-047","citation":"Governor Gavin Newsom, Executive Order N-62-20 (May 6, 2020) (Ex. AGY-ST-INSURANCE-BANKING-047)","stateName":"California","related":[]}