CHAPTER 283

An Act to amend and reenact § 65-4, as amended, of the Code of Virginia,
relating to definition of employees for purposes of coverage under
Workmen’s Compensation Act. CH 411]

Approved March 9, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 65-4, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 65-4. Unless the context otherwise requires “employee” includes
every person, including a minor, in the service of another under any
contract of hire or apprenticeship, written, or implied, except one whose
employment is not in the usual course of the trade, business, occupation
or profession of the employer; and as relating to those so employed by
the State the term “employee” includes the officers and members of the
National Guard, the Virginia State Guard and the Virginia Reserve
Militia, registered members on duty or in training of the United States
Civil Defense Corps of this State, the forest wardens, and all other officers
and employees of the State, except only such as are elected by the people
or by the General Assembly, or appointed by the Governor, either with or
without the confirmation of the Senate, provided that this exception shall
not apply to any “State employee” as defined in paragraph (5) of
§ 51-111.10; as relating to municipal corporations and political divisions
CHS. 283, 284] ACTS OF ASSEMBLY 337

of the State, the term “employee” includes all officers and employees there-
of, except such as are elected by the people or by the governing body of the
municipal corporation or political division, who act in purely administra-
tive capacities and are to serve for a definite term of office. Policemen and
firemen, except policemen and firemen in cities containing more than two
hundred thirty thousand inhabitants, and sheriffs and their deputies, town
and city sergeants and town and city deputy sergeants, shall be deemed
to be employees of the respective cities, counties or towns in which their
services are employed and by whom their salaries are paid. Any reference
to an employee who has been injured shall, when the employee is dead,
include also his legal representative, dependents and other persons to
whom compensation may be payable. For the purpose of this act
average weekly wage of the noncommissioned officers and members of the
National Guard, the Virginia State Guard and the Virginia Reserve
Militia, registered members on duty or in training of the United States
Civil Defense Corps of this State, and forest wardens, shall be deemed to
be such amount as will entitle them to the maximum compensation payable
under this Act; provided, however, that any award entered under the pro-
visions of this title on behalf of officers, noncommissioned officers or mem-
bers of the National Guard, or their dependents, or registered members
on duty or in training of the United States Civil Defense Corps of this
State, or their dependents, shall be subject to credit for benefits paid them
under existing or future federal law on account of injury or occupational
casita covered by the provisions of the Virginia Workmen’s Compensa-
ion :