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Workers' Comp.,
Labor/Employment

May 8, 2020

Workers’ comp burden is shifted to employer in virus cases

A state executive order that shifts the burden of proof almost entirely to employers for workers' compensation claims related to COVID-19 could financially strain businesses, help plaintiffs in misclassification cases and slow employers' timelines for bringing their workforces back on site, according to attorneys representing employers.

A state executive order that shifts the burden of proof almost entirely to employers for workers' compensation claims related to COVID-19 could financially strain businesses, help plaintiffs in misclassification cases and slow employers' timelines for bringing their workforces back on site, according to attorneys representing employers.

The order signed by Gov. Gavin Newsom Wednesday creates a rebuttable presumption in workers' comp...

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