CWCI Suggested Areas of Clarification Related to the COVID-19 Presumption
DWC has established an FAQ web page (https://www.dir.ca.gov/dwc/Covid-19/FAQs.html) dedicated to addressing inquiries and clarifying issues related to the COVID-19 presumption granted by Governor’s May 6, 2020 Executive Order (EO N-62-20). However, claims administrators have noted a number of practical issues related to the COVID-19 presumption that still need to be addressed in order to expedite the handling and adjudication of these claims and to avoid costly penalties and unnecessary litigation.
This afternoon, CWCI Claims/Medical Director Jackie Secia submitted the attached memorandum detailing issues related to the presumption – which in some cases include conflicts with existing regulations — that the Division should consider clarifying, either through emergency regulations or by adding information to its COVID-19 FAQ web page. The categories of topics include:
- The Date of Injury, Employer Reporting, and Claim Form Requirements
- Temporary Disability, Salary Continuation, and Benefit Notice Requirements
- Medical Certification of Disability, MPN, and Testing Issues
A copy of Jackie’s memo to the AD is attached. If you or your staff have other COVID-19 claim issues that you would like to see the DWC address, please feel free to contact Jackie at jsecia@cwci.org.
BY/