Editor’s note — updated August 20, 2026: The COVID-19 workers’ compensation presumptions created by SB 1159 (Labor Code §§3212.86, 3212.87 and 3212.88) were extended by AB 1751 and repealed effective January 1, 2024. They have not been renewed. Because the repeal included no savings clause, the presumptions no longer support compensability even for claims with earlier dates of injury, and the employer outbreak-reporting requirement under §3212.88 is no longer in effect. COVID-19 claims may still be compensable under ordinary occupational disease principles. This post is retained as a historical record of the law as enacted in 2020.
California SB1159 Signed into Law
On September 17th, 2020, California Governor Gavin Newsom signed legislation aimed at protecting workers amid the Covid pandemic. Senate Bill 1159 was written to help California workers remain in the workplace while at the same time ensuring they have the supports they need including necessary medical care and wage replacement benefits, should they be exposed to an outbreak
Rebuttable Presumption for Frontline Workers
SB 1159 expanded access to workers’ compensation by creating a rebuttable presumption for front line workers — health care workers, firefighters and peace officers. This made access to workers’ compensation protection less cumbersome for workers who most likely became infected at work.
Requirements of the law pertaining to employer reporting took effect immediately upon signing.
