AB 1751 Adds COVID-19 as Workers Compensation Injury

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AB 1751 Adds COVID-19 as Workers Compensation Injury

Jan 24, 2023

AB 1751 extends the COVID-19 protections set forth in Labor Code Sections 3212.86-88) until January 1, 2024. More specifically, the new law extends the Workers’ Compensation rebuttable presumption that an employee’s illness or death related to COVID-19 was due to an outbreak at work and therefore is an occupational injury and eligible for workers’ compensation benefits if specified criteria are met.

The new law also extends the presumption to employees covered by Labor Code Section 3212.87 to include active firefighting members, whether volunteers, partly paid, or fully paid, of the following additional fire departments:  the State Department of State Hospitals, the State Department of Developmental Services, the Military Department and the Department of Veterans Affairs. It also adds peace officers as defined by Penal Code 830.8.

The new law also extends until January 1, 2024, an employer’s reporting requirement to provide information about COVID-19 cases to their workers’ compensation claims administrator.

Employers may be subject to civil penalties of up to $10,000 for intentionally submitting false or misleading information, or for failing to report required information under Labor Code Section 3212.88(j).