Bank argues there was no outbreak at branch when employee was infected
The COVID-19 presumption in section 3212.88 of California’s Labor Code did not apply because there was not enough evidence to prove that a deceased employee contracted the virus during an outbreak at the workplace, a recent ruling said.
The case of Garcia vs. U.S. Bank; Old Republic arose when a banker who worked at U.S. Bank’s Signal Hill branch tested positive for COVID-19 on Nov. 19, 2020. That same day, a co-worker also tested positive for the virus. Around five people were working at the branch that month.
The banker passed away a week later, with his death certificate listing the cause of death as COVID-19. His widow filed a death claim, which the bank denied.
The workers’ compensation administrative law judge found that the banker sustained an injury arising out of employment in the form of COVID-19 and that the bank failed to overturn the presumption that he contracted the virus on an industrial basis.
The bank asked for a reconsideration. It argued that this was not a presumptive injury case because there was no outbreak at the time the banker contracted COVID-19. Without this presumption, there was no proof that the banker contracted the virus at work, the bank said.
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