Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Governor Newsom Signs Executive Order Regarding Workers’ Compensation Presumption for Certain COVID-19 Related Claims

By David S Allen & Leonora M. Schloss on May 14, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

Under the California Workers’ Compensation Act (“the Act”), employers must carry workers’ compensation insurance for employee injuries or illnesses which “arise out of and in the course of” employment. The Act, first passed in 1911 and amended over the years by the Legislature, provides a comprehensive system for administering claims, including the provision of disability benefits and the payment for associated medical expenses for work-related injuries.

Now comes the COVID-19 pandemic and a panoply of emergency orders by governors across the country. On May 6, 2020, Governor Newsom signed Executive Order #N-62-20 which creates a presumption that any COVID-19-related illness of an employee shall be presumed to arise out of and in the course of the employment for purposes of awarding workers’ compensation benefits if certain conditions are met.

Those conditions include the following:

  1. The employee tested positive for or was diagnosed with COVID19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction;
  2. The day referenced in subparagraph (a) on which the employee performed labor or services at the employee’s place of employment at the employer’s direction was on or after March 19, 2020;
  3. The employee’s place of employment referenced in subparagraphs (a) and (b) was not the employee’s home or residence; and
  4. Where subparagraph (a) is satisfied through a diagnosis of COVID-19, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board, and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis.

Thus, the Governor has taken the extraordinary step of presuming a workplace injury without specific evidence of job-causation.  While the scope and legality of the new Executive Order may be subject to challenge, it is incumbent upon the California employer to review and enforce workplace safety, in all areas, and to specifically protect against the risk of employee exposure to a communicable disease, thereby avoiding added liability and costs associated with job illness or injury claims.

Jackson Lewis’ Coronavirus Task Force will continue to monitor changes in the law pertaining to COVID-19. Please contact a team member or the Jackson Lewis attorney with whom you regularly work if you have questions or need assistance.

Photo of Leonora M. Schloss Leonora M. Schloss

Lenny Schloss brings to bear her 30 + years of experience as a labor and employment attorney to provide employers with effective legal advice and business-oriented solutions to help them achieve their objectives in a cost-effective manner. Lenny works every day to deliver…

Lenny Schloss brings to bear her 30 + years of experience as a labor and employment attorney to provide employers with effective legal advice and business-oriented solutions to help them achieve their objectives in a cost-effective manner. Lenny works every day to deliver results that exceed her clients’ expectations.

Lenny’s legal experience extends beyond her 30 + years in practice. Her first exposure to the law—and a key motivating factor in her choosing law as a profession—was navigating legal documents for her family as a first-generation American with parents who fled from Eastern Europe during World War II. It was that experience that influenced her dedication to ensuring a practical approach to solving problems for clients and her proactive client service mindset on every matter.

Read more about Leonora M. SchlossEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    COVID-19 Workplace Law Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo