COVID-19-related insurance regulatory developments

Most recently, on May 6, the Governor of the State of California issued an executive order[15] that establishes a rebuttable presumption that any COVID-19-related illness of any employee will be presumed to arise out of the course of employment for purposes of awarding workers’ compensation benefits if all of the following requirements are satisfied:
  • The employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction; 
  • The day on which the employee performed labor or services at the employee’s place of employment at the employer’s direction was on or after March 19, 2020; 
  • The employee’s place of employment was not the employee’s home or residence; and 
  • Any diagnosis of COVID-19 must be done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis.
This presumption applies to injuries occurring through July 5, 2020, and all workers’ compensation insurance carriers writing policies that provide coverage in California, self-insured employers, and any other employer carrying its own risk, including the State of California. The American Property Casualty Insurance Association (APCIA) has issued a statement[16] opposing the order, noting that it is overly broad and jeopardizes the stability of the California workers compensation system.

[View source[17].]

References

  1. ^ bulletin (us.eversheds-sutherland.com)
  2. ^ emergency regulation (www.dfs.ny.gov)
  3. ^ emergency regulation (www.dfs.ny.gov)
  4. ^ extended until June 6, 2020 (www.governor.ny.gov)
  5. ^ bulletin (www.insurance.ca.gov)
  6. ^ bulletin (www.nj.gov)
  7. ^ order (www.nj.gov)
  8. ^ Press Release (www.nh.gov)
  9. ^ INT 20-02 (content.naic.org)
  10. ^ COVID-19-related accounting guidance (content.naic.org)
  11. ^ here (content.naic.org)
  12. ^ Legal Alert: Legal and Regulatory Developments – Business Interruption Insurance for COVID-19 Related Losses (us.eversheds-sutherland.com)
  13. ^ information request template (us.eversheds-sutherland.com)
  14. ^ prior legal alert (us.eversheds-sutherland.com)
  15. ^ executive order (www.gov.ca.gov)
  16. ^ statement (www.pciaa.net)
  17. ^ View source (us.eversheds-sutherland.com)
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