Proposed AB 1751 Extends COVID-19 Workers’ Compensation Presumptions by Two Years

On February 1, 2022, California Assembly Member Tom Daly (Anaheim) proposed Assembly Bill 1751, which would serve to extend the COVID-19 presumptions for specified critical workers in workers’ compensation as initially enacted by Senate Bill 1159.  

SB 1159, enacted in September of 2020, created within the Labor Code a rebuttable presumption for COVID-19 illnesses contracted before July 5, 2020 (§ 3212.86), for specified peace officers and firefighters (§ 3212.87), and during an outbreak (§ 3212.88).  AB 1751 would amend the expiration date of these Labor Code sections from January 1, 2023 to January 1, 2025. 

Proposed AB 1751 does nothing more than extend the expiration date of these sections by two years. Specifically, there are no other proposed amendments other than to replace "2023" with "2025" in these three sections.  

Like SB 1159, AB 1751 places the burden on California employers to prove specified employees did not contract COVID-19 at work.