- Date of injury is on or after July 6, 2020
- Employer has minimum of 5 employees
- Employer has 100 or less employees: 4 employees test positive
- Employer has 100 or more employees: 4 percent of the employees who report to a specific place of employment test positive
- A specific place of employment is ordered to close by a local public health department, the State Department of Public Health, OSHA, or a school superintendent due to a risk of infection with COVID-19
COMPENSABILITY AND PRESUMPTION APPLICATIONFor claims involving health care workers, peace officers, firefighters and other frontline workers, the presumption of compensability applies in most cases with a positive COVID-19 test with a 30 day investigation period. For all other employers with 5 or more employees, the ‘outbreak’ presumption applies only when an employee tests positive during an outbreak. There is no presumption when there are less than 5 employees. SB-1159 allows for a 45-day investigation period for “all other employees” and provides for specific claim handling guidelines and transfer of information from the employer to the claims administrator.
REPORTING REQUIREMENTS: POSITIVE TESTS JULY 6 FORWARDSB-1159 provides that once an employer knows, or should have reasonably known, that an employee has tested positive for COVID-19, the employer must report a claim to their claim administrator within 3 business days, except as outlined below. This requirement pertains to both work and non-work related COVID-19 diagnoses.
- Positive test occurred July 6 through September 16
- Any employer who is aware of an employee testing positive shall report to their claims administrator, within 30 business days of the effective date of this section
- Asserts the virus is work-related
- Has filed a claim form pursuant to Labor Code Section 5401
- Date the employee tests positive and date the specimen was collected for testing
- Address(es) of the employee’s specific place(s) of employment during the 14-day period preceding the date of the employee’s positive test
- Highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment
For positive test dates July 6 to September 16: The employer is to report the highest number of employees who reported to work at each of the employee’s specific places of employment on any given workday July 6 through September 16The legislation also provides that an employer who intentionally submits false or misleading information or fails to submit information when reporting could be subject to a civil penalty in the amount of up to $10,000 to be assessed by the Labor Commissioner.