On Wednesday, Governor Newsom signed Executive Order N-62-20 (E.O.) establishing enhanced and robust workers compensation benefits to qualified employees who contract the coronavirus (COVID-19). The Order is retroactive to March 19, 2020 and applies for sixty days following the issuance of the order (through July 5, 2020). Amongst the aspects of the enhanced workers compensation benefits include the following:
- Applicable to any employee directed by their employer to return to work outside of the home.
- Within 15 days of the issuance of the Order, employees with dates of injury prior to March 19 may file claims under the presumption.
- A positive test must occur within 14 days of performing work outside of the home at the direction of the employer.
- A claimant must have tested positive or been diagnosed by a licensed physician with a positive test within 30 days confirming the diagnosis.
- Employers must review and rebut claims within 30 days of filing, or the claim is automatically deemed “approved”; denial would be allowed following the discovery of “new information”.
- Subsequent payments (i.e. “4850”) may only be enjoyed after an employee exhausts sick leave.
- Benefits are statutory only and do not include housing or living expenses.
- Temporary disability recertification is required every 15 days for the first 45 days of the claim; thereafter, the recertification period reverts to normal.
- Temporary disability may only be claimed after any other state or federal benefits are exhausted.
- Apportionment to be specifically allowed.
Last week, as part of a coalition of employer-organizations, RCRC contributed to the conversation about how workers compensation benefits should intersect with COVID-19 by laying out core principles to guide any decisions. To see how the Governor’s Executive Order compares to those core principles, read the coalition letter here.