Administrative Code Provisions | WCHR ยง 23-605-12 | 2018
(a) An applicant may be awarded compensation for lost earnings provided they were employed on a full time, part time or intermittent basis, paid appropriate federal and state taxes and exhausted sick or administrative pay during the period of disability and have met one of the following criteria. In order to make a determination for lost earnings, the applicant must have:
(1) Been on an approved leave without pay and the employer has kept the position open or if the position has been filled it shall be vacated once the victim has been certified as able to work;
(2) Been called to work and would have worked, except for the crime-related disability;
(3) Been scheduled to begin work, signed an employment contract and fulfilled all the requirements of the position, but was unable to start because of the crime related disability;
(4) Filed income tax returns and there was taxable gross income as evidenced by IRS Form 1040 "Schedule C" for sole proprietors, IRS Form 1065 for partnerships or IRS Form 1120 for corporate officers; or
(5) Lost their job as the result of the crime.
(b) During the disability period, the applicant must have been under the care of a medical or mental health service provider. The service provider must certify the nature and duration of disability. A disability retirement from any private, county, state or federal employer shall be considered as conclusive proof of disability.
(c) If a medical certificate is not submitted, the lost earnings will be administratively limited to four days.