 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Thore v. Chesterfield County Board of Supervisors5/8/1990
s the end product of a course set in motion at the time of arrest. Since she was the arresting officer, it was a reasonable part of winding up her affairs for her to be present and available to testify when Van Epps was prosecuted.
Moreover, Chesterfield County had a substantial public interest in Thore following through with her obligations in connection with the Van Epps case. Van Epps had been charged with violating the Chesterfield County drunk driving ordinance. Thore, acting as the arresting officer, made the decision that there was probable cause to arrest Van Epps and to bring him to trial. She made this decision on behalf of the county, subjecting both herself and the county to civil liability for any error. See Code § 15.1-66.3. Thus, it was important to the county that this case be handled in a proper manner. No one could replace her as a witness; she had information concerning the arrest to which no one else could testify. Thore's presence in the courthouse along with all her other actions in connection with the Van Epps case was for the sole benefit of Chesterfield County; she had no personal take in the outcome of the trial. Thus, Thore's presence in the courthouse was in furtherance of her employer 's affairs.
(6) Contrary to the Industrial Commission's analysis, Thore was not like any other citizen called to testify in a criminal matter. She was a public official, analogous to the Commonwealth's attorney in Graybeal. In finding that Thore was reasonably winding up her affairs, we emphasize that not only did Thore have a public duty to testify, she also was following the directions of her former supervisor when she contacted the Commonwealth's attorney's office concerning her presence in court. If an employee is obeying the orders of his or her supervisor, though what he or she is called upon to do is outside the sphere of the original employment, the employee is still in the course of his employment. A. Larson, supra at § 9.39. Not only did Thore's supervisor tell her to contact the Commonwealth's attorney's office, but the supervisor permitted Thore to retain her warrant arrest book and field notes. These department issued items were the county's property, to which a private citizen would not have access.
Taking into account that the Act is to be liberally construed, Race Fork Coal v. Turner, 5 Va. App. 350, 354, 363 S.E.2d 423, 425 (1987); City of Waynesboro v. Harter, 1 Va. App. 265, 269, 337 S.E.2d 901, 903 (1985), we agree with the deputy commissioner that Thore's sense of civic responsibility and loyalty to her former employer , as well as the public policy of enforcing the laws of the Commonwealth and Chesterfield County required her presence at the Van Epps trial. In concluding her affairs at the courthouse as the arresting officer in the Van Epps case, Thore was acting in the course of her employment. For these reasons, we reverse. Since the commission did not decide the issue whether Thore's injury arose out of her employment, we also reverse and remand for the commission to decide this issue.
Disposition
Reversed and remanded.
|