Covid-19 Flowcharts: Sb 1159 Presumptions

• Publication year: 2020

COVID-19 Flowcharts: SB 1159 Presumptions

Given the significant complexity of the 2020 legislation addressing presumptions for COVID-19 claims, the editorial board of the Quarterly has assembled several flowcharts to assist the community in navigating these claims. These charts are provided as very basic navigational tools and are not intended as legal advice. You should always conduct your own legal research into the specific circumstances of your cases.

Labor Code §3212.86: 3/19/20 - 7/5/20 Last Date Worked

This flowchart shows the flow of a claim under Labor Code Section 3212.86 with the last date worked between March 19, 2020, and July 5, 2020. The flowchart shows that a presumption applies if there was a positive COVID-19 test within 14 days of last date worked, or if there was a diagnosis within 14 days and there was a positive test confirming within 30 days by an MD or DO.
Image description added by Fastcase.

Labor Code §3212.87: Frontline Employee after 7/6/20

This flowchart shows the flow of a claim under Labor Code Section 3212.87 for a frontline employee after July 6, 2020. The flowchart shows that a presumption applies if there was a positive COVID-19 test within 14 days of last day worked. The chart also shows that a frontline employee not working on or after July 6, 2020, should see if EO applies.
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Labor Code §3212.88: Outbreak for Work after 7/6/20

This flowchart shows the flow of a claim under Labor Code Section 3212.88 for an outbreak for work after July 6, 2020. This flowchart shows that a path to presumption applies if there was a positive COVID-19 test within 14 days of last date worked, there are 5 or more employees, there are more than 100 employees and 4 percent or more positive within 14 days of last day worked, or if less than 100 employees and 4 positive cases within 14 days of last day worked. The chart also shows that a frontline employee not working on or after July 6, 2020, should see if EO applies.
Image description added by Fastcase.

Employer Reporting Flowchart

This flowchart shows the flow of a claim when the employer is notified of an employee with COVID-19. The employer will notify the claims administrator of the employee's name and number of employees within 45 days of last date worked if the claim is

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