Insurance Commissioner Approves Critical COVID-19 Workers Compensation Rules

The California Insurance Commissioner has approved the industry supported special regulatory filing to make rule changes to the California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (USRP) and the California Workers’ Compensation Experience Rating Plan—1995 (ERP). The most significant rule change is the approval of the regulations that would exclude COVID-19 claims from a contractor’s experience modification rate (EMR).

 

In light of Executive Order N-62-20 which declared that COVID-19-related illness of an employee shall be presumed to have occurred at work (covered by workers’ compensation), these proposed regulations were of critical importance in protecting contractors from significant increases in their EMR related to COVID-19 incidents. Below is a summary of all aspects of the approved rules:

 

Exclude COVID-19 Claims from Experience Rating

Claims arising directly from a diagnosis of COVID-19 with an accident date on or after December 1, 2019, will be excluded from the experience rating calculations of individual employers.

 

Exclude Payments to Employees Who Continue to Be Paid While Not Working

Payments made to employees who were continue to be paid while not engaged in any work activities will be excluded from reportable payroll. This exclusion will apply during the time California’s statewide stay-at-home order is in place, and for up to 30 days thereafter, if the employee continues not to work.

 

Allow Assignment of Classification 8810 for Temporary Change in Duties

The temporary assignment of Classification 8810, Clerical Office Employees, will be allowed for employees whose job duties meet the definition of a Clerical Office Employee due to increased work from home. This provision applies while California’s statewide stay-at-home order is in place, and for up to 60 days thereafter, if the employee continues to meet the definition of a Clerical Office Employee. However, it does not apply to the payroll of employees whose payroll is otherwise assignable to a standard classification that specifically includes Clerical Office Employees.

Recent Posts

Brunch Break

Join us in an opportunity to get to know your fellow WPCCA members for brunch at the beautiful Old Ranch Country Club in Seal Beach! This event will feature a presentation by the Apprenticeship Director of Training, David Burtle, who…

March 28, 2023

WPCCA 2023 Employment Law Updates Webinar

With a new year comes new employment laws. Join us for an overview of 2023 Employment Law Updates. Our presenter, Shauna Correia, Esq., will highlight recent developments and changes to employment law pertinent to subcontractors in SoCal.   Date: Wednesday, April…

March 20, 2023

NLRB Imposes Broad Restrictions On Severance Agreements

On February 21, 2023, the National Labor Relations Board (NLRB or the Board) in McLaren Macomb  (372 NLRB No. 58) held that severance agreements containing broad non-disparagement and confidentiality provisions are unlawful under the National Labor Relations Act (NLRA or the…

March 3, 2023

OSH Appeals Board Decision in Heat Illness Prevention Case Adds Clarity to Provision of Water Requirements

Sacramento—The Department of Industrial Relations’ Occupational Safety and Health Appeals Board (OSHAB) has issued a precedential decision regarding the provision of water at outdoor worksites, affirming that it must be as close as practicable to the areas where employees are…

February 27, 2023

Appellate Court Rejects Neutral Time Rounding When Electronic Timekeeping is Used

California courts have long approved neutral rounding policies (See’s Candy Shops v Superior Court, 210 Cal App. 4th 889 (2012). However, the California Court of Appeals recently in Camp v. Home Depot USA, Inc. No. H049033, 2022 WL 13874360 (Cal…

February 3, 2023
MORE STORIES