LFLM Workers’ Compensation Newsletter – February 2023
February 24, 2023
LFLM is proud to share our new LFLM February 2023 Workers’ Compensation Newsletter
Our Articles in this edition of the Newsletter:
COVID-19 IN THE WORKPLACE: Updates on Legislation
As COVID-19 continues to linger in California, it remains an ongoing concern for state lawmakers. In response to this ongoing threat, California continues to provide updated regulations as it pertains to COVID in the workplace. This article will cover the recent updates adopted by the State of California.
Non-Emergency COVID-19 Prevention Regulations
Up until present, the state has been operating under Emergency Temporary Standards as it pertains to COVID-19 Prevention Regulations. On December 15, 2022, Non-Emergency COVID-19 Prevention Regulations were adopted. Said Regulations will take effect once they are approved by the Office of Administrative Law (OAL), which was set to take place in January 2023. However, the OAL has thirty working days to complete its review – so the final adoption of these regulations remains pending as of this article’s publish date. The COVID-19 Prevention Emergency Temporary Standards (ETS) remain in effect up until the new regulations are officially approved by the OAL. The Non-Emergency Standards are set to remain in effect for two years from the date of approval by the OAL.
Impact of SB 1127
On September 29, 2022, updates to the Labor Code went into effect when Governor Newsom signed SB 1127 into law. Two of these updates significantly expanded benefits for safety officers, one update imposed a potentially hefty penalty for unreasonably rejected claims, and the final update related to data collection.
Expanded Temporary Disability for Cancer Claims
The first provision of SB1127 is a significant expansion of temporary disability benefits for safety officers, namely firefighters, peace officers, and fire and rescue services coordinators, who have sustained injury or illness related to cancer. This modified Labor Code section 4656 by increasing the temporary disability cap of 104 weeks within five years from the date of injury, to a total of 240 weeks, during the entire period of the claim (meaning temporary disability benefits no longer must be paid within five years from the date of injury). The increase in temporary disability benefits for presumptive cancer cases applies to injuries on or after January 1, 2023.
Laughlin, Falbo, Levy & Moresi, LLP.