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Proposed COVID presumptions extension conflicts with other bill

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California

A bill to extend for two years presumptions as to when COVID-19 is considered an occupational illness in California would conflict with proposals in another bill that would further limit the window for employers to investigate and accept liability for claims, according to an analysis by the California Workers’ Compensation Institute.

A.B. 1751, which would preserve the presumptions lawmakers created in 2020 and that are scheduled to sunset at the end of this year. The bill would postpone the expiration date to Jan. 1, 2025.

The CWCI noted in a research paper that some parts of A.B. 1751 would conflict with S.B. 1127, which would reduce to 75 days from 90 days the amount of time employers have to accept liability on claims for certain injuries that are already presumed compensable.

“If, as expected, AB 1751 is enacted, then the investigation period for COVID-19 claims in Sections 3212.87 (30 days) and 3212.88 (45 days) would be in direct conflict with the amended language … currently included in SB 1127,” CWCI said.

The Senate Appropriations Committee will hear AB 1751 Aug. 8. The Assembly Appropriations Committee is scheduled to hear testimony on SB 1127 on Aug. 3.

Fiscal committees have until Aug. 12 to pass bills, and lawmakers have until Aug. 25 to introduce amendments. The California Legislature will adjourn Aug. 31.

WorkCompCentral is a sister publication of Business Insurance. More stories here.