WCDefenseCA

Happy Monday, dear readers! Here we are starting yet another week on a beautiful Monday in our beloved swamp of workers’ compensation. 

So, if you’re following the COVID news beyond the borders of California, you’re likely seeing a long list of countries (and states) that seem to be rolling back restrictions on COVID19.  England has already dropped almost all of its COVID19 restrictions, as has Ireland, as has Denmark, as have many states and counties. 

If that’s the global trend, why do we need to extend the sunset period for SB1159 and the presumption laws?  Why do we need to continue to burden employers with tallying total employees and for periods related to every covid exposure?  Why do we continue to make employers such as fire departments, police departments, and hospitals, general insurers against something to which we are all exposed?

That is the effect of proposed AB 1751, introduced by Assemblyman Tom Daly, which would extend SB1159 from sunsetting on January 1, 2023 to January 1, 2025.   California’s employers’ have been through the wringer already.  The golden state already makes it hard enough to keep the lights on, and COVID19 and the related lockdowns were brutal, keeping customers and clients away. 

With SB1159, California burdened employers further with a tremendous administrative undertaking in keeping track of numbers for outbreak purposes, reducing investigation periods from 90 days to 30 or 45 depending on the circumstances, and, in light of the See’s Candy case, likely setting employers up for liability in the torts arena as well.

Sacramento seems intent to look out at a flock of geese laying golden eggs and get excited for the prospect to cook them.  After the tremendous toll California’s employers have borne for the last two years, shouldn’t Sacramento be focused on helping California’s employers recover from COVID19? 

In any case, dear readers, your humble blogger wishes AB 1751 a swift demise and you, his beloved readers, a good week!