Governor Newsom did not extend or renew his Executive Order on Workers' Compensation. That is good news. CALPASC members are reminded that even though the Order expired on July 5, 2020; they should be aware of the following:

1. Employees who were working at the employer's jobsite, away from their residence; have 14 days after their last day of work at that site, to claim a rebuttable presumption of WC for contracting COVID-19. Employees can still make a claim if they are diagnosed through the 14 days. That would be up to July 19, if they worked as of July 5, 2020.
2. Thankfully, the number of rebuttable presumption claims filed under the Executive Order were not nearly as many as anticipated. Most of them were for first responders and front line healthcare workers. And, a substantial number of claims were denied for WC due to the employee testing negative for COVID-19.
3. CALPASC members should still be vigilant, in that claims can be filed even after July 19, 2020; for the rebuttable presumption; if the employee was diagnosed anytime during the Executive Order, March 19, 2020; through July 19, 2020; and the employee tested positive for COVID-19. Members would still need to respond to these later filed claims.
4. CALPASC members should remember to ensure their claims adjusters record any COVID-19 claims under the special category that removes that claim from the employers' future Experience Modification calculations. Some employees might have a claim now, medically recover, but later file that they suffered some long term damage internally.
5. Employees can still file a WC claim for COVID-19 for working at home or at the jobsite July 6, 2020 or after. They won't have the presumption; and the employer will have 90 days to deny the claim if the COVID-19 illness was not contracted at work.
6. There are still three active bills in the legislature, AB 196-Gonzalez-D, AB 664-Cooper-D, SB 1159-Hill-D, Daly-D. CALPASC and its contract lobbyist RJ Cervantes will be involved with these bills, to avoid any new presumption for COVID-19 for construction workers or workers related to supplying the construction industry.

The Workers' Compensation Insurance Rating Bureau Posted Videos!

The Workers' Compensation Insurance Rating Bureau posts videos outlining compliance with the three changes to WC insurance regulations regarding COVID-19. We have previously updated the members on these changes. COVID-19 claims can be removed from an Experience Modification calculation, employees working remotely can be classified as Class Code 8810, and payroll for employees who are being paid while not working can be removed from premium audits. It is vital that the employer properly documents each of these three items, where they are applicable. The videos will help you understand how to prepare your documentation.