Hill, Farrer & Burrill LLP

California Legislation Expands Definition of COVID-19 Workers’ Compensation Presumption

On September 17, 2020, Governor Newsom signed Senate Bill 1159 effective immediately, which creates a new framework for COVID-19-related workers’ compensation claims. This Bill creates a rebuttable presumption that certain employees who test positive for COVID-19 contracted the virus at work for workers’ compensation purposes and therefore are eligible for benefits, unless the employer can prove otherwise.

The law also requires employers to provide notice to their workers’ compensation carrier of employees who test positive for COVID-19.

Time Frame of Presumption

A “disputable presumption” exists for an employee who suffers illness or death resulting from COVID-19 from July 6, 2020 through January 1, 2023. Read more→