California Order Easing Employee’s Burden to Prove Employment Link to COVID-19 Illness

California Order Easing Employee’s Burden to Prove Employment Link to COVID-19 Illness

On May 6, 2020, Governor Newsom issued an executive order, creating a rebuttable presumption that a COVID-19 case occurring between the Governor's March 19, 2020 Shelter-At-Home Order and July 5, 2020 (60 days after the Order) is presumed to be work-related if the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee worked outside of the employee’s home or residence at the employer’s direction on or after March 19, 2020. The Order expired July 5, 2020, but there is proposed legislation pending, which would extend or potentially expand the Order's presumption. Though the Order’s presumption of work-relatedness is rebuttable and only applies to a limited roughly 3-month window of time, employers conducting on-site operations during the period of the Order may need to deal with additional complexity of California workers' compensation claims. The Order is viewable here.