California State Bill 1159 COVID-19 presumptions expired on January 1, 2024. A breakdown of what this means for your organization is provided below. If you have any questions, please feel free to reach out to [email protected].
- “First responder presumption” and “outbreak presumption” no longer exists
- The burden of proof is now on the employee, not the employer
- Employers now have 90 days to make a compensability decision
- Specified law enforcement and first responders now have 75 days to make a decision
- A three-day waiting period is in effect
How will this impact the handling of COVID-19 claims?
COVID-19 claims will be handled in the same manner as all other workers’ compensation claims, following the rules and regulations of California.
What does this mean for the employers?
The expiration of the statutes ends mandatory employer reporting of all positive COVID-19 tests for injuries that occur after January 1, 2024. However, employers still need to report any claims where the employee alleges that they contracted COVID-19 at work. Employers are still encouraged to maintain measures to reduce the potential transmission of COVID-19 in the workplace.
Will investigations change?
As with any claim, a thorough investigation should still be completed for COVID-19 claims to make an appropriate compensability decision. The information gathering techniques used during the SB 1159 period are still applicable.