Coronavirus + Your Case
Workers' Compensation Benefits For Coronavirus
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Latest Updates:
We are consistently monitoring the circumstances of the pandemic and the constantly changing status of the courts. Please continue to check this page for the latest news affecting workers’ compensation + Social Security disability matters.
9/1/2020 - Ca Legislature Passes Bill Establishing Rebuttable COVID-19 Presumption
On Aug. 31, 2020, the last day of the 2020 California legislative session, the California Legislature passed Senate Bill 1159 (SB 1159), which establishes a rebuttable presumption that illness or death resulting from COVID-19 arose out of and in the course of employment for specified employees. Gov. Gavin Newsom has until Sept. 30 to sign or veto the bill. SB 1159 was passed as an urgency statute, meaning it will take effect immediately upon signing.
This bill would extend an executive order that makes it easier for essential workers to receive workers' compensation benefits if they contract COVID-19 in the workplace. In addition, two new statutes create presumptions for COVID-19 illnesses for front-line workers (peace officers, firefighters, health-care providers, home care workers and IHSS workers), and employees who contract COVID-19 due to a workplace outbreak.
The presumptions remain in effect until Jan. 1, 2023.
5/7/2020 - Most Californians Now Eligible For Coronavirus Workers' Comp Benefits
California Governor, Gavin Newsom, issued an executive order on May 6 making it easier to file coronavirus workers’ compensation claims. Executive Order N-62-20 creates a temporary workers' compensation presumption for employees diagnosed with COVID-19.
The presumption is retroactive to the date of the stay at home order, March 19, 2020, and will stay in effect through July 5, 2020.
The presumption applies to any worker who reported to work outside of the home at the direction of their employer, and either:
Tests positive for COVID-19 within 14 days after performing work;
Or is diagnosed with COVID-19 by a licensed physician within 14 days after performing work and have that diagnosis confirmed by further testing within 30 days of the diagnosis.
4/27/2020 - CA State Fund Takes Action to Support Policyholders, Employees During COVID-19 Crisis
California’s State Compensation Insurance Fund, announced Monday that it will pay COVID-19 medical costs and income losses for employees at essential businesses that it covers, whether they contracted the illness at work or not.
To get the benefits, workers must provide a confirmed positive test for COVID-19 for the period of time between when Gov. Gavin Newsom issued his March 4 stay-at-home order and before that order is lifted.
In addition to covering medical costs, agency officials stated in a news release, they will also extend temporary disability benefits to any covered essential worker who must self-quarantine.
Workers should check with their business owner or their employer’s HR department to determine if their business gets its workers’ compensation insurance through State Fund.
4/20/2020 - COVID-19 Information for Employers and Employees
The California Labor & Workforce Development Agency has released updated information and resources for workers and employers impacted by COVID-19.
3/28/2020 - DWC Issues Emergency Measures for Medical-Legal Evaluations
In response to the COVID-19 crisis, the Division of Workers’ Compensation (DWC) encourages primary treating physicians to continue to manage injured workers’ care through telehealth options whenever medically appropriate. Telehealth allows each party to see each other via a video connection.
DWC will allow telehealth for QME evaluations when an in-person physical examination is not necessary. Cases that require in-person physical evaluations should be cancelled or postponed.
During the month of April, DWC encourages parties to agree upon reasonable allowances and agreements to the time limits for scheduling, canceling or rescheduling a medical-legal evaluation, or serving a medical-legal report.
3/19/2020 - State of California Issues ‘Stay at Home’ Order
The State of California has ordered all individuals living in the state to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction.
The order went into effect on Thursday, March 19, 2020, and remains in place until further notice.
Under the order, Legal services are considered essential, and we are committed to supporting our clients through this difficult time.
3/18/2020 - City of Fresno residents asked to ‘shelter in place’
The city of Fresno on Wednesday issued a “shelter in place” order for residents to limit the spread of coronavirus.
The order allows residents to leave their homes for essential services, such as grocery shopping, doctor’s appointments, picking up medications or going to work.
Legal services are considered essential, and we remain committed to supporting our clients through this difficult time.
Our office remains open, and we will continue to secure the workers’ compensation + Social Security disability benefits our clients deserve. We are also currently accepting new cases.
3/17/2020 - Social Security Administration Suspends face-to-face service Nationwide
All local Social Security offices will be closed to the public for in-person service starting Tuesday, March 17, 2020. Local offices will continue to provide critical services over the phone, and secure online services remain available at www.socialsecurity.gov.
If you need help from Social Security:
Contact our office if you have an open Social Security Disability case. We will continue to manage your case during the closure.
Use the secure and convenient online services available at www.socialsecurity.gov/onlineservices.
If you cannot conduct your Social Security business online, please check the online field office locator for specific information about how to directly contact your local office.
If you already have an in-office appointment scheduled, SSA will call you to handle your appointment over the phone instead. If you have a hearing scheduled, they will call you to discuss alternatives for continuing with your hearing, including offering a telephonic hearing.
3/17/2020 - Modified Hearing Calendar & Filing Update
The Division of Workers’ Compensation (DWC) and the Workers’ Compensation Appeals Board (WCAB) are limiting court appearances to protect the health and safety of staff and the community.
Filings
March 17 through April 3: DWC’s district offices will be closed for filing purposes. Accordingly, all filing deadlines are extended to Monday, April 6.
DWC will not accept walk-through documents or walk-in filings until the district offices reopen for filing purposes.
Scheduled Hearings
March 17 through March 20: DWC will only hear expedited hearings at the district offices.
March 23 through April 3: DWC will continue to hear expedited hearings for parties that appear at the district offices. DWC will also hear status conferences, mandatory settlement conferences and priority conferences via CourtCall only.