| The California State Legislature Passes Senate Bill 1159 Establishing A Rebuttable Presumption That Helps Workers Injured by COVID-19 Obtain Workers’ Compensation BenefitsOn 8/31/20, the last day of California’s 2020 legislative session, the California Legislature passed Senate Bill 1159 (SB 1159). This bill, which was passed as an urgent statute to address the COVID-19 pandemic and will take effect IMMEDIATELY upon signing by Governor Newsom, establishes a rebuttable presumption that employees that suffer illness or death resulting from COVID-19 sustained a compensable injury under the California workers’ compensation (“WC”) system.SB 1159 makes it easier for essential employees that contract COVID-19 on the job to obtain WC benefits. Since this Bill creates a rebuttable presumption, unless an employer is able to affirmatively prove that the COVID-19 was contracted outside of the employee’s workplace, the COVID-19 is presumed to be a work injury for purposes of WC benefits. Employees injured by COVID-19 that are covered by SB 1159 are eligible to make a claim for all WC benefits including but not limited to temporary disability benefits, medical treatment, permanent disability benefits, death benefits for the employee’s financial dependent(s), and a supplemental job displacement benefit voucher for job retraining. READ MORE… |
