{"id":"DUT-CA-016","kind":"duty","level":"state","jurisdiction":"California","state":"CA","metro":"","industry":"","agency":"","eco":"","issuer":"California Legislature; approved by Governor Gavin Newsom Sept. 17, 2020","authority":"Cal. Const. art. IV, sec. 8(d) (urgency statute); Labor Code div. 4 (workers\u0027 compensation); Stats. 2020, ch. 85","instrument":"Senate Bill 1159 (Hill), Stats. 2020, ch. 85, adding Labor Code sections 77.8, 3212.86, 3212.87 and 3212.88","title":"SB 1159: Workers\u0027 compensation: COVID-19: critical workers. Rebuttable presumption that an employee\u0027s COVID-19 illness or death arose out of and in the course of employment (section 3212.86, for work performed March 19 to July 5, 2020; section 3212.87, health care and safety workers; section 3212.88, employees of employers with five or more employees who test positive during an outbreak at the place of employment), in effect until Jan. 1, 2023","dateIssued":"2020-09-17","effective":"2020-09-17 (urgency statute; section 3212.86 covers work performed on or after March 19, 2020)","end":"2023-01-01 (each section \u0027shall remain in effect only until January 1, 2023, and as of that date is repealed\u0027)","startDate":"2020-09-17","endDate":"2023-01-01","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP","QUAR"],"addressees":["employers (all employers for section 3212.86; employers of five or more employees for section 3212.88); health-care and public-safety employers for section 3212.87"],"clause":"3212.88. (a) This section applies to employees who are not described in Section 3212.87, who test positive during an outbreak at the employee\u0027s specific place of employment, and whose employer has five or more employees.... (e) (1) An injury described in subdivision (b) is presumed to arise out of and in the course of the employment, except as provided in this subdivision.","enforcement":"Workers\u0027 compensation liability without fault; the presumption binds the appeals board unless controverted (section 3212.88(e)(1)).","functions":[],"notes":"Made a COVID-19 infection contracted at work a presumptively compensable industrial injury for every employer of five or more employees on an outbreak at the place of employment, and for every employee for work performed March 19 to July 5, 2020, placing the cost of workplace transmission on the employer\u0027s workers\u0027 compensation account and giving every employer a direct statutory stake in the distancing, screening, masking and exclusion measures that prevented outbreaks.","sourceUrl":"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB1159","snapshot":"","fileExists":true,"fileBytes":323953,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-CA","url":"/library/DUT-CA-016","exhibitUrl":"/exhibit/DUT-CA-016","citation":"California Legislature; approved by Governor Gavin Newsom Sept. 17, 2020, Senate Bill 1159 (Hill), Stats. 2020, ch. 85, adding Labor Code sections 77.8, 3212.86, 3212.87 and 3212.88 (Sept. 17, 2020) (Ex. DUT-CA-016)","stateName":"California","related":[]}