CHAPTER 551

An Act to amend and reenact § 65-4 of the Code of Virginia, relating to
definition of employecs under the provisions of the Workmen’s Com-
pensation Act.

[S 408]

Approved April 3, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 65-4 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
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, 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 con-
firmation of the Senate; 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 political division, who act
in purely administrative 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, 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 the average weekly wage of the noncommissioned officers and
members of the National Guard, the Virginia State Guard and the Virginia
Reserve Militia, 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 this title on behalf of officers, noncommissioned officers or members
of the National Guard, or their dependents, shall be subject to credit for
benefits paid them under existing or future Federal law on account of
injury or occupational disease covered by the provisions of the Virginia
Workmen’s Compensation Act.