CHAPTER 187

An Act to amend and reenact § 65-4, as amended, of the Code of Virginia,
defining employee for purposes of workmen’s compensation. CH 184]

Approved March 6, 1958

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 nor to members of the Industrial Commission and the State Cor-
poration Commission, nor to the Superintendent of State Police; as relat-
ing 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 capaci-
ties 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, * county and city com-
missioners of the revenue, * county and city treasurers, attorneys for the
Commonwealth, clerks of courts of record 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. Any reference to an employee who has been
injured shall, when the employee is dead, include also his legal repre-
sentative, 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, registered mem-
bers 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; pro-
vided, 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.