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California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

In addition to AB 152 extending COVID-19 leave through December 31, 2022, Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB2693—affecting employers’ policies regarding employees who contract COVID-19.

AB 1751 has extended current law governing employees who contract COVID-19. Under this provision, employees who test positive during a COVID-19 “outbreak” at the workplace are presumed to have suffered an occupational injury and therefore are eligible for specified workers’ compensation benefits. An “outbreak” is defined as:

  • for employers with 100 employees or fewer, four employees testing positive for COVID-19 within 14 calendar days;
  • for employers with more than 100 employees, four percent of the employees reporting to the place of employment testing positive for COVID-19 within 14 calendar days;

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