Current law, enacted during the COVID-19 pandemic, sets out several specific provisions governing workers’ compensation claims and state disability benefits relating to employees who contract COVID-19. It creates a rebuttable presumption for purposes of California’s workers’ compensation system for employees who contract COVID-19 after an outbreak at their worksite. These presumptions extend 14 days after the last day of employment with a particular employer.
Under current law, these presumptions are scheduled to sunset automatically on January 1, 2023. Assembly Bill 1751 (AB 1751) extends the expiration date for the presumption to January 1, 2024.
(AB 1751 amends Sections 3212.86, 3212.87, and 3212.88 of the Labor Code.)
SB 1002 – Extends The Scope Of Workers’ Compensation Benefits To Include Services By A Licensed Clinical Social Worker.
Under existing law, California’s workers’ compensation system requires employers, usually through insurance, to provide medical, surgical, chiropractic, acupuncture, and hospital treatment reasonably required to treat injuries or illnesses an employee incurs in the course of their employment.
Senate Bill 1002 (SB 1002) expands the meaning of medical treatment for workers’ compensation purposes to include services provided by a licensed clinical social worker (LCSW). As such, SB 1002 authorizes employers to include LCSW services in the treatments for employee workplace injuries or illnesses and authorizes employers to provide employees with access to an LCSW acting within the scope of their practice.
SB 1002 also authorizes medical provider networks to add LCSWs to a physician provider listing. However, SB 1002 only authorizes an LCSW to treat or evaluate an injured worker upon referral from a physician and prohibits an LCSW from making a determination of whether an employee is disabled.
(SB 1002 amends Sections 3209.5, 4600, 4600.3, and 4616 of, and adds Section 3209.11 to, the Labor Code.)