Executive Order N-62-20

The record

Jurisdiction

California (Governor; binding employers, insurers and the Workers' Compensation Appeals Board) · California

Level

State

Authority

Cal. Gov't Code 8567, 8571, 8627

Issued

2020-05-06 May 6, 2020

Effective

2020-05-06 (immediately; applies to dates of injury from March 19, 2020) (read as 2020-05-06)

End

'This presumption shall only apply to dates of injury occurring through 60 days following the date of this Order' (July 5, 2020); codified and extended by SB 1159 (Stats. (read as 2020-07-05)

In force

May 6, 2020 to July 5, 2020

Quarters

2020 Q22020 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Workplace rulesOther

Addressees

• every California employer and workers'-compensation insurer (including the State Compensation Insurance Fund)
• the Workers' Compensation Appeals Board

Functions reached

• HR and WF: every employer whose employees worked on site at the employer's direction from March 19, 2020 carried a presumption of compensability for COVID-19 illness (workers'-compensation experience and premiums)
• OP claims handling (30-day rejection deadline)
• IC workplace exposure records
• CB (insurers)

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

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 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's place of employment at the employer's direction; b. The day referenced in subparagraph (a)... was on or after March 19, 2020; c. The employee's place of employment referenced in subparagraphs (a) and (b) was not the employee's 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' 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

Notes