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

• Jun 12, 2020
• Blog
• Michael Burgis & Associates, P.C

My name is Michael Burgis. I’m the managing attorney of Michael 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 Signs An Executive Order Extending Workers’ Compensation

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

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 evidence 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.