Seyfarth Synopsis:
Senate Bill 1159 was
signed into law by Governor Newsom on September
17, 2020, and went into effect immediately. Under the new law, if
employees test positive for COVID-19 under specific circumstances,
there is a rebuttable presumption that their exposure occurred at
the workplace. Unless rebutted, this presumption creates a
compensable injury for purposes of qualifying for workers'
compensation benefits. SB 1159 also creates reporting requirements
for employers through January 1, 2023.
Who Is Eligible For The New Workers' Compensation
Presumption?
As we previously reported, Executive Order N-62-20 created a
rebuttable presumption surrounding certain COVID-19 workplace
exposures.
SB 1159 codifies Executive Order N-62-20 in new Labor Code
section 3212.86. Under this section, there is now a statutory
rebuttable presumption of industrial exposure (i.e., the assumption
that someone got sick at work) for workers who tested positive or
were
