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ARTICLE · 23 SEPTEMBER 2020

California SB 1159 Codifies COVID-19 Workers' Compensation Presumption

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The statute takes effect immediately and remains in effect through January 1, 2023.

United StatesEmployment and HR
David Cheng
David Cheng
Caleb Y. Lee
Caleb Y. Lee
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On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor's Executive Order N-62-20 creating a disputable workers' compensation presumption that illness or death related to COVID-19 is an occupational injury and therefore eligible for benefits. The statute takes effect immediately and remains in effect through January 1, 2023.

Disputable Presumption

The presumption is "disputable" in that an employer may dispute the presumption with evidence such as evidence of: (1) measures in place to reduce potential transmission of COVID-19 in the employee's place of employment; and/or (2) the employee's non-occupational risks of COVID-19 infection.

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