Today Governor Newsom announced an executive order establishing a rebuttable industrial presumption that COVID is work related for certain workers who have a documented COVID diagnosis from March 19, 2020 til 60 days from the announcement of today’s order (see text of the order at the bottom of this post). Citing gubernatorial power during a

Read more…

A second bill to enact a presumption that COVID illness is industrial has been introduced in California’s legislature. The bill, SB 1159 (authored by Senator Jerry Hill and co-authored by Assemblyman Tom Daly), would create a rebuttable presumption that for certain “critical workers”, COVID illness or death be deemed industrial. This would apply to critical

Read more…

The pressure on the California workers’ comp system to deal with the COVID-19 crisis is mounting. Should first responders, medical personnel and “essential workers” who are diagnosed with COVID receive a presumption that the virus was contracted at work? If there is no presumption, workers can still pursue a COVID claim, but they would have

Read more…

The WCIRB Governing Committee met this morning, with the public meeting featuring a presentation by WCIRB Chief Actuary David Bellusci. Following the meeting the Governing Committee went into closed executive session. But there were two main takeaways from Bellusci’s presentation. First, the WCIRB Actuarial Committee has unanimously recommended that there be no mid-year rate filing.

Read more…

Yesterday I did my first remote video deposition via Zoom. It went well. As the workers’ comp community looks at lockdowns and social distancing that may extend for months, workarounds and practical solutions are of great interest. At the moment, most workers’ comp attorneys are not meeting in person with clients or having the clients

Read more…