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Ex. AGY-ST-INSURANCE-BANKING-047 Order Primary source read

Executive Order N-62-20

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

Governor Gavin Newsom · California; Governor (workers' compensation presumption order) (State)

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The COVID Project

The record

Jurisdiction
California; Governor (workers' compensation presumption order) · California
Level
State
Authority
Cal. Gov't Code §§ 8567, 8571, 8627
Issued
2020-05-06 May 6, 2020
Effective
Applies to dates of injury from March 19, 2020 through 60 days after May 6, 2020 (July 5, 2020) (read as 2020-03-19)
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 (read as 2020-07-05)
In force
Mar. 19, 2020 to July 5, 2020
Quarters
2020 Q22020 Q3
Limitation types
Workplace rulesOther
Addressees
  • all California employers and workers' compensation insurers
  • the Workers' Compensation Appeals Board and Division of Workers' Compensation
Functions reached
  • IN workers' 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
Collection
State insurance and banking regulators AGY-ST-INSURANCE-BANKING

Operative words

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' compensation benefits if the employee tested positive or was diagnosed within 14 days after performing labor or services at the employee's place of employment at the employer's direction on or after March 19, 2020, and the place of employment was not the employee's 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' compensation adjudication); Gov't Code § 8665 (violation of emergency orders)

Notes

Bracketed text paraphrases sub-paragraphs (a)-(d) of paragraph 1; the exhibit carries the full text.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.