Governor Newsom’s Executive Order SB-1159 Creates COVID-19 Presumptions for Workers’ Compensation Claims

CALIFORNIA SB1159 COVID-19 Presumptions

On September 17, 2020, Governor Gavin Newsom signed SB1159 into law, establishing three new Labor Code sections creating COVID-19 presumptions for workers’ compensation claims. These presumptions will remain in effect until January 1, 2023.

• Labor Code §3212.86 codifies Newsom’s Executive Order (N-62-20) that created a presumption for essential workers and applies only to injuries occurring from March 19, 2020 to July 5, 2020.
• Labor Code §3212.87 applies to front line workers for injuries occurring July 6, 2020 and forward.
• Labor Code §3212.88 applies to all employees not covered in 3212.86 or 3212.87 that contract COVID-19 due to an outbreak at the employer’s job site after July 5, 2020.

Labor Code §3212.88 Reporting Requirements

Labor Code §3212.88 now requires employers with five (5) or more employees to report specific information to their Worker’s Compensation Carrier to determine if an outbreak has occurred at the job site. There are two different reporting requirements and specific time obligations to report the information to Cast & Crew, CAPS, or Media Services which are outlined below.

(1) When production knows or reasonably should have known that an employee tested positive for COVID-19 on or after September 17, 2020, the employer must report the positive test within three business days. This information must be reported in writing with the following information:

1. An employee has tested positive. No identifying information is to be provided unless the employee is stating the exposure is work-related or has filed a DWC 1 claim form.
2. The date the test result was positive which is the date of the test, not the date the results were known.
3. The specific address or addresses of the employee’s specific place of employment during the 14-day period preceding the date of the employee’s positive test
4. The highest number of employees who reported to work at the employee’s specific place of employment in the 45 days preceding the date of the employee’s positive test

(2) There is also a retroactive reporting requirement for employers to report any employees who tested positive on or after July 6, 2020 through September 17, 2020. This information must be reported to Cast & Crew / CAPS / Media Services on or before October 17, 2020. The Information required to be reported is specified below.

1. An employee has tested positive. No identifying information is to be provided unless the employee is stating the exposure is work-related or has filed a DWC 1 claim form.
2. The date the test result was positive which is the date of the test, not the date the results were known.
3. The specific address or addresses of the employee’s specific place of employment during the 14-day period preceding the date of the employee’s positive

Please contact Cast & Crew, CAPS or Media Services for assistance with any non-reported COVID exposures as outlined above. We can be reached by phone or email:

Cast & Crew Customers: workcomp@castandcrew.com

CAPS Customers: workerscomp@capspayroll.com

Media Services Customers: WCDEPT@mediaservices.com

Risk Management Department: (818)738-9351