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Thore v. Chesterfield County Board of Supervisors5/8/1990
Betty L. Thore appeals the decision of the Industrial Commission which found that her injury did not arise in the course of her employment. We conclude that her injury did arise in the course of her employment, and we reverse.
The claimant, Betty Lee Thore, worked for twelve years as a deputy sheriff for Chesterfield County, attaining the rank of sergeant. She was appointed by the Sheriff of Chesterfield County as a deputy under the provisions of Code § 15.1-48, providing for the appointment of deputies to discharge any of the official duties of the principal during his continuance in office. As a deputy, Thore took the oath of office required by Code § 49.1 that she would faithfully and impartially discharge to the best of her ability all the duties imposed upon her.
During the time of the events of this case, according to the uncontroverted evidence in the record, Thore worked half a day in the office and half a day on the road. Her duties included maintaining the county jail, serving civil processes, and law enforcement. All the deputies gave tickets, worked accidents, transported prisoners, and handled all other emergencies that occurred on the highway. She had the power to issue summonses and to make arrests.
On January 11, 1988, Thore was in a patrol car headed toward the courthouse when she observed a motorist, driving in an erratic manner, run two people off the road. She activated her siren, put on her emergency lights and pulled him over. The motorist, Mark Van Epps, was intoxicated. Thore called for backup assistance and Officer Southworth reported. Thore, as arresting officer, issued a summons to Van Epps for driving under the influence of intoxicants in violation of Chesterfield County Ordinance § 14.1-1; Southworth arrested him for resisting arrest and for possession of drugs found in the vehicle. All were returnable to Chesterfield General District Court on January 22, 1988. On the return date, the drunk driving charge was continued to February 22, 1988. The record does not disclose the disposition of the other two charges. On February 22, 1988, the DUI charge was continued to April 25, 1988.
On April 13, 1988, Thore resigned her position as a deputy sheriff, effective April 8, 1988. According to her testimony before the hearing officer, she met with her supervisor, Captain A. H. Horner, and asked him what she was to do about her court dates. He responded that he had nothing to do with it, that it would be up to the Commonwealth's attorney, and that she would have to contact him. According to the testimony of Captain Horner, she mentioned to him a DUI case and he advised her to contact the Commonwealth's attorney.
Following Captain Horner's instructions, Thore contacted the assistant Commonwealth's attorney who was handling the Van Epps case. According to his testimony before the hearing officer, "it [her testimony] would be absolutely essential. We could not prosecute a drunk driving case without the arresting officer." He further testified that he told Thore that, because of the unusual facts in the case, he needed her to come to court in her capacity as arresting officer. Finally, he testified that Thore was under a legal duty to appear on February 22, 1988. He said that had she not appeared, the trial judge would have issued a show cause order requiring her to appear and show cause why she should not be held in contempt for her failure to appear.
The record establishes that Captain Horner told Thore that, in accordance with the Sheriff's Department policy, she w
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