b'byAlison C. Gibbs, Esq.FerruzzoO nSeptember17,2020,Governor Newsomsignedtwonewlaws impactingemployerobligations relatingtoCOVID-19workplace exposuresSB 1159 and AB 685.SB 1159Disputable Presumption ofknow that an employee has tested positive Workers Compensation Coverage isfor COVID-19, the employer must report Expanded to their claims administrator in writing via electronic mail or fax within three Senate Bill 1159 extends and expandsbusiness days all of the following: the Governors prior Executive Order N-62-20 creating a COVID-19 disputable(1) An employee has tested positive. presumption (presumption) of eligibilityFor purposes of this reporting, the for workers compensation benefits ifemployer must not provide any specified criteria are met.The new law tookpersonally identifiable information effect immediately.While certain aspectsregarding the employee who tested of the law extended the prior Executivepositive for COVID-19 unless the Order, the law also added several newemployee asserts the infection is work provisions with which employers shouldrelated or has filed a claim form.become familiar.(2) The date that the employee tests Additional Reporting Obligations positive, which is the date the specimen was collected for testing.The new law places additional reporting obligations on employers with five or more employees.For example, when the employer knows or reasonably shouldcontinued on page 8Points of InterestFall 2020Page 7'