Corona Virus (Covid-19) and Workers’ Compensation

In my previous post: “COVID-19 Presumptive Statutes,” according to Labor Code 3212.86, a COVID-19 injury claim was considered work-related if there were sufficient factors in the case that gave rise to the presumption. Those factors included that the injured worker must prove that they were diagnosed with COVID-19 within 14 days after the date last worked at the employee’s place of employment. If the employee met the elements, the presumption of injury came into effect.

The presumption ended January 1, 2024 when the COVID-19 presumptions were repealed. Since then, the medical evaluator must first address ‘cause of injury’ for LC3600 which has a minimal threshold standard when it comes to proving causation of injury. The investigation per the very minimal threshold standard now includes, 1) Date of injury instead of last date worked; 2) Close contact in the workplace with a known outbreak; 3) Employee not tested within three-five days after close contact must be excluded; 4) When injury is claimed as a result of a communicable disease, medical evidence of causation is required. Laboratory confirmed testing type: PCR, antigen test acceptable; 5) Determine if injured worker was subjected to some special exposure in excess of that of the general public (first responders, medical personnel).