Workers’ Compensation

Ca. Workers' Comp. Quarterly Vol. 38, No. 1, 2025

The Covid-19 Presumptions: Are They Truly Gone?

JOHN V. GEYER, ESQ.

OAKLAND, CALIFORNIA

For more than three years, virtually everyone in the California workers’ compensation community has become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency legislation in response to the unprecedented pandemic that changed life as we knew it, beginning in the Spring of 2020. Understandably, the legislature sought to protect those who were still working on site and were unfortunate enough to contract Covid-19. All three Labor Code sections provided a rebuttable presumption of compensability and shortened the investigation periods for issuing a denial, depending on the worker’s vocation.

THE PRESUMPTIONS

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