CHAPTER 603

An Act to amend and reenact § 65-4, as amended, of the Code of Virginia,
which defines “employee” under the Workmen’s Compensation Act.
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 con-
tract of hire or apprenticeship, written or implied, except one whose em-
ployment 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, regis-
tered members on duty or in training of the United States Civil Defense
Corps of this State, the forest wardens, and all other officers and em-
ployees 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 nor to
members of the Industrial Commission and the State Corporation Commis-
sion, nor to the Superintendent of State Police; as relating to municipal
corporations and political divisions of the State, the term “employee”
includes all officers and employees thereof, except such as are elected by
the people or by the governing body of the municipal corporation or politi-
cal division, who act in purely administrative capacities and are to serve
for a definite term of office. Policemen and firemen, and sheriffs and their
deputies, town and city sergeants and town and ‘city deputy sergeants,
county and city commissioners of the revenue, county and city treasurers,
attorneys for the Commonwealth, clerks of courts. of record, juvenile and
domestic relations courts and county and municipal courts, and their
deputies, officers and employees, 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 or in which their com-
pensation is earnable. Every executive officer elected or appointed and
empowered in accordance with the charter and by-laws of a corporation,
municipal or otherwise, shall be an employee of such corporation under this
Act, except as otherwise provided herein with respect to municipal corpo-
rations and political subdivisions of the State. 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 com.-
pensation may be payable. For the purpose of this Act the average weekly
wage of the noncommissioned officers and members of the National Guard.
the Virginia State Guard and the Virginia Reserve Militia, registerec
members on duty or in training of the United States Civil Defense Corp:
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 provisions of thi:
title on behalf of officers, noncommissioned officers or members of the
National Guard, or their dependents, or registered members on duty or ir
training of the United States Civil Defense Corps of this State or thei
dependents, shall be subject to credit for benefits paid them under existing
or future federal law on account of injury or occupational disease coverex
by the provisions of the Virginia Workmen’s Compensation Act.