As part of his effort to create an "Expanded Workforce Safety Net", on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers' compensation. In order for this presumption to apply, the employee must test positive for or have been diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employer's place of employment at the employer's direction. This means that employees who are working from home and contract COVID-19 will not be covered by the presumption. Further, employees must be diagnosed by a licensed physician and the diagnosis must be confirmed by further testing within 30 days. The effect of this Executive Order is that once employees exhaust any paid sick leave benefits available in response to COVID-19, they will be eligible for all workers' compensation benefits, including, "full hospital, surgical, medical treatment, disability indemnity, and death benefits." This presumption is retroactive to injuries occurring as of March 19, 2020 and will remain in place until July 6, 2020.
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