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COVID-19 Rebuttable Presumption of Compensability Per Governor’s Emergency Order – Know Your Rights

COVID-19 Rebuttable Presumption of Compensability Per Governor’s Emergency Order – Know Your Rights

My name is Michael Burgis. I’m the managing attorney of Michal Burgis & Associates. I’m a certified legal specialist in California Workers’ Compensation, and I am a trial attorney. I want to take a few minutes to go over the recent executive order passed by Governor Gavin Newsom and how it impacts workers’ compensation in regards to COVID-19.

Governor Gavin Newsom’s Signs An Executive Order Extending Workers’ Compensation

On May 6, 2020,  Governor Gavin Newsom passed an executive order that created a presumption of compensability.

“I just signed an executive order to extend benefits, workers’ comp benefits, in those sectors, and now broaden it beyond just the healthcare, and First Responders sector, to all sectors of our economy under what we call a rebuttable presumption.”

-Governor Gavin Newsom

Prior to this executive order, to have a valid, compensable workers’ compensation claim, a worker would have to show, based on reasonable medical probability, that they had contracted COVID-19 at work.

What Does This Mean for You?

If you are an employee working in California between March 19, 2020, and July 5, 2020, and you test positive for COVID-19, ultimately there’s a presumption of compensability, meaning it is now presumed that you contracted coronavirus in the workplace. It is a rebuttable presumption, however, and your employer or their respective workers’ compensation carrier can rebut that by factual contentions that you got it outside of the workplace. We have a unique window of opportunity here where there’s actually a presumption.

Ultimately, if you or your loved one has tested positive for COVID-19 and has suffered a significant injury or potential disability, and have incurred out of pocket expenses including treatment cost, please give our office a call at 888-Burgis1 (888-287-4471). You may be entitled to substantial benefits. We’re standing by. We have the answers and together we will get through this.