RCRC has joined a broad coalition of employer-based organizations contributing to the conversation the Governor and lawmakers are having about how California’s workers’ compensation system should intersect with COVID-19. On Sunday, in a letter to Governor Newsom and leaders in the Senate and Assembly, the coalition laid out some core principles for consideration as the both the Governor and the Legislature evaluate proposals which would enhance benefits to workers. The group urged that any proposal enacted should
- provide clarity and predictability for injured workers and employers;
- not shift the burden of proof to the employer through a “conclusive presumption” – this would result in providing workers’ compensation benefits even in cases where evidence clearly indicates the infection did not occur at work;
- consider enhanced benefits be temporary and provide a clear end date;
- not allow access to workers’ compensation for asymptomatic employees who test positive, since there is nothing to “cure or relieve”;
- not include housing and living expenses as part of the system;
- narrow the application of a presumption for COVID-19 to workers who face a demonstrably higher risk of exposure; and
- consider the probable number of claims if healthcare payers are incentivized, by a conclusive presumption, to actively move infections into the workers’ compensation system.
These principles outlined to the Governor and the legislative leadership would keep the focus on extending workers’ compensation benefits for work-related injuries and illnesses without becoming a safety net system for this pandemic. As the process moves forward, the coalition is prepared to discuss individual proposals and evaluate the performance of California’s workers’ compensation system.
The coalition letter is available here.