Update for CA Employers RE: COVID-19 and Workers Compensation

Update for CA Employers RE: COVID-19 and Workers Compensation

On May 6, 2020, California Governor Gavin Newsom signed an executive order clarifying how workers’ compensation claims are considered to meet the work-related test on whether a claim arises out of and occurs in the course of the employment (the “Order”). Under the Order, which would apply to dates of injury occurring through 60 days following the date of the Order (5/7/2020 through 7/5/2020), there is now a time-limited rebuttable presumption that COVID-19 is 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 their home or residence at the employer’s direction on or after March 19, 2020. In essence, this executive order shifts the burden to the employer to prove COVID-19 is not a work-related exposure on each reported claim.

Our claim reporting process remains unchanged, however the executive order reduces the time to investigate California COVID-19 claims from 90 to 30 days. Other states are considering similar actions, therefore it is increasingly important that any COVID-19 claims are immediately reported to claims@ep.com.

Please reach out to EP’s Risk Solutions team with any questions at insurance@ep.com or