Last month, California Governor Gavin Newsom signed an executive order naming COVID-19 as a rebuttable presumption, making it easier for workers who contract the illness to claim and collect workers’ compensation.
With this move, the governor shifted the burden of proof from employee to employer in cases where COVID-related claims are filed. In courts, a rebuttable presumption is assumed to be true unless it is proven otherwise. This means that, if an employee in California becomes sick with COVID-19 and files a workers’ compensation claim, it will be assumed to have been contracted on the job unless the employer proves otherwise.
While other states have taken similar measures, they generally are extended only to medical-care workers, first responders, grocery-store employees and other essential workers deemed vulnerable to contracting the coronavirus. California’s executive order takes a much broader stance.
The current order remains in effect until July 5. However, legislation has been proposed to make the rebuttable presumption permanent. AB 664 has seen backing by labor unions, nurses unions, and first responders.
This bears some connection to an argument that has been taking place in the federal legislature — whether or not businesses should be immune from COVID-19-related liability. If companies stand to benefit in any way from making the illness a rebuttable presumption, it’s that employees would not be able to initiative civil litigation, said John Norwood, director of government relations for the California Pool and Spa Association.
“Your only remedy is workers’ compensation, and the employer cannot be sued civilly for failure to protect, save for a very bad set of circumstances, like it was intentional or very negligent,” he said.
To help industry firms, CPSA has developed an Injury and Illness Prevention Program (IIPP) addendum with policies to help protect workers against COVID-19 infection. Based on insurance company protocols, the addendum recommends such precautions as regularly taking employees’ temperatures, implementing social distancing and frequent disinfection.
To put such policies in place, the organization warns, companies should provide a written version to staff, train employees on the policies and what they must do to comply, then consistently monitor to make sure they are upheld.
