CALIFORNIA WORKERS’ COMPENSATION PRESUMPTIONS (SB1159)

This communication contains essential information regarding future handling of COVID-19 positive employees

This notice is to advise that in California, SB1159 enacted 9/17/20 created active presumptions for COVID-19 contracted in the workplace. There were two types of COVID-19 positive employees that the presumptions addressed; first responders/healthcare, and all other industries considered non-healthcare. To comply with these presumptions, you were required to report all positive tested employees via claim form for first responders and health care workers, or for all other types of workers, via a COVID-19 Positive Test Form submitted by e-mail. In both scenario’s all California employers were required to report every COVID-19 positive test, regardless of whether work related, to Care West. AB 1751 was then enacted by Governor Newsom extending these presumptions from its original sunset date of 9/29/22, to 1/1/2024. Currently there is no legislation further extending COVID-
19 presumptions.

What this means to you as of 1/1/2024:

• You are no longer required to report employees that have tested positive for COVID-19
if the test date is after 1/1/2024.
For healthcare, a claim is no longer required to be reported, UNLESS the
employee has specifically indicated they want to file a claim.
If you are any other type of business, you are no longer required to complete the COVID-19 Positive Test Report Form that was being submitted via e-mail. However, PLEASE NOTE, if an employee tests positive for COVID-19 and requests to make a claim, it must be reported under normal claim reporting
procedures. The 4 or more-person outbreak scenario no longer exists.

All claims reported with dates of injury after 1/1/24 involving a COVID-19 allegation will revert
to standard Labor Code investigation procedures.

All timelines for investigation, acceptance, delay, denial, and benefit payments of claims have
reverted to the original timelines per the Workers’ Compensation rules of The State of
California.

If you have questions, please reach out to your CorVel Account Manager, Ted Ursino at
ted_ursino@corvel.com, or (916) 439-9998.

PLEASE NOTE that regulations for employer prevention, and handling of COVID-19 in the workplace remain in place through 2026. In addition, internal recording of all employees that test positive for COVID-19 remains in place through February 3, 2026, per Cal-OSHA Non-Emergency Standards (8 CCR 3205), and you may be requested to produce this information. For questions regarding your obligations to prevent COVID-19 in the workplace, and retain detailed records, please contact your labor attorney/consultant.