Senate Bill 1159 has been enrolled and is pending the Governor’s signature. SB1159 provides a rebuttable presumption for employees that test positive for COVID-19 during the course and scope of their employment. This presumption applies to employees working at the employer’s direction and the date of injury shall be the last day work was performed at the employer’s direction. This does not include work performed at the employee’s home or residence.

Section 1 codifies the Executive Order N-62-20 signed by Governor Newsom on May 5th. This section applies to positive COVID-19 findings from March 19th through July 5th.

Section 2 is specific to first responder personnel, including firefighters, certain law enforcement, nurses and physicians providing direct patient care, and custodians that have direct contact with COVID-19 patients in a health care facility. The parameters for injury are consistent with those outlined in the Executive Order, thereby being an extension of the Order.

Section 3 is specific to non-first responder personnel, however includes additional criterion that must be met for the presumption to apply. Some of these include:

  • Applies to employers with five or more employees.
  • Language limiting the scope of covered employees to those that are at a greater risk of exposure than the general public, and applies when 4 employees or 4% of workers at a specific place of employment test positive within 14 days.
  • Also imposes outbreak and exposure reporting to the claims administrator. For more information regarding this, please see our blog on Employer Reporting Obligations.

Both Sections 2 & 3 are effective July 6, 2020 through July 1, 2023, at which time it is repealed.

Please join us on Friday, September 18th or Friday, September 25th, as we review this important piece of legislation in the workers’ compensation system. In the interim, here is a cheatsheet with the details of newly added Labor Code Sections relating to COVID-19 in the workers’ compensation system.