{"id":"AGY-ST-UTILITIES-HOUSING-AG-066","kind":"order","level":"state","jurisdiction":"California (Governor; binding employers, insurers and the Workers\u0027 Compensation Appeals Board)","state":"CA","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"Governor Gavin Newsom","authority":"Cal. Gov\u0027t Code 8567, 8571, 8627","instrument":"Executive Order N-62-20","title":"Executive Order N-62-20 (workers\u0027 compensation): any COVID-19-related illness of an employee who worked at the employer\u0027s direction outside the home on or after March 19, 2020 presumed to arise out of and in the course of employment; 30-day rejection deadline; sick leave exhausted first","dateIssued":"2020-05-06","effective":"2020-05-06 (immediately; applies to dates of injury from March 19, 2020)","end":"\u0027This presumption shall only apply to dates of injury occurring through 60 days following the date of this Order\u0027 (July 5, 2020); codified and extended by SB 1159 (Stats.","startDate":"2020-05-06","endDate":"2020-07-05","quarters":["2020Q2","2020Q3"],"types":["EMP","OTHER"],"addressees":["every California employer and workers\u0027-compensation insurer (including the State Compensation Insurance Fund)","the Workers\u0027 Compensation Appeals Board"],"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 all of the following requirements are satisfied: a. The employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee\u0027s place of employment at the employer\u0027s direction; b. The day referenced in subparagraph (a)... was on or after March 19, 2020; c. The employee\u0027s place of employment referenced in subparagraphs (a) and (b) was not the employee\u0027s home or residence; and d. 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. 2) The presumption set forth in Paragraph 1 is disputable and may be controverted by other evidence, but unless so controverted, the Workers\u0027 Compensation Appeals Board is bound to find in accordance with it. 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 pursuant to Paragraph 1 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... 5)... where an employee has paid sick leave benefits specifically available in response to COVID-19, those benefits shall be used and exhausted before any temporary disability benefits or benefits under Labor Code section 4850 are due and payable.","enforcement":"Binding on the Workers\u0027 Compensation Appeals Board (para. 2); Labor Code 5401-5402 claim-handling deadlines as modified; Gov\u0027t Code 8665","functions":["HR and WF: every employer whose employees worked on site at the employer\u0027s direction from March 19, 2020 carried a presumption of compensability for COVID-19 illness (workers\u0027-compensation experience and premiums)","OP claims handling (30-day rejection deadline)","IC workplace exposure records","CB (insurers)"],"notes":"The order\u0027s premise is the stay-at-home order of March 19, 2020 (N-33-20): employees \u0027who report to their places of employment\u0027 during the order were treated as exposed at work. Extended by statute (SB 1159) with separate presumptions for first responders, health-care workers and outbreak workplaces.","sourceUrl":"https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20.pdf","snapshot":"","fileExists":true,"fileBytes":1018359,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-066","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-066","citation":"Governor Gavin Newsom, Executive Order N-62-20 (May 6, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-066)","stateName":"California","related":["AGY-ST-UTILITIES-HOUSING-AG-032"]}