CHAPTER 530

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

[H 529]

Approved March 31, 1962

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
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
Corporation Commission, 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 political division, who act in purely administrative capaci-
ties 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 compensation is earnable. 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, 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.
An emergency exists and this act is in force from its passage.