CHAPTER 479

An Act to amend and reenact § 65-4, as amended, of the Code of Virginia,
defining employees for purposes of workmen’s compensation. 207}

Approved March 30, 1956

Be it enactéd 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, 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
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, and sheriffs and
their deputies, town and city sergeants and town and city deputy sergeants,
city commissioners of the revenue, their deputies and employees and
city treasurers, their deputies and employees, shall be deemed to be em-
ployees 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 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, 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 provisions of this
title on behalf of officers, noncommissioned officers or members 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 disease covered
by the provisions of the Virginia Workmen’s Compensation Act.