County of Augusta Jail v. Cook

430 S.E.2d 546, 16 Va. App. 247, 9 Va. Law Rep. 1257, 1993 Va. App. LEXIS 92
CourtCourt of Appeals of Virginia
DecidedApril 20, 1993
DocketNo. 0515-92-3
StatusPublished
Cited by1 cases

This text of 430 S.E.2d 546 (County of Augusta Jail v. Cook) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Augusta Jail v. Cook, 430 S.E.2d 546, 16 Va. App. 247, 9 Va. Law Rep. 1257, 1993 Va. App. LEXIS 92 (Va. Ct. App. 1993).

Opinion

Opinion

KOONTZ, C.J.

County of Augusta Jail (employer), appellant, appeals from the February 14, 1992 decision of the Workers’ Compensation Commission (commission) awarding Linda G. Cook (Cook), appellee, occupational disease benefits for a heart attack suffered by Cook while employed by employer as a deputy sheriff, but designated a correctional officer. The sole issue is whether the commission erred in determining that the presumption of compensability provided by Code § 65.2-402(B)1 is applicable to Cook’s claim. Finding no error, we affirm the decision of the commission.

The pertinent facts from which this appeal arises are not in dispute. In addition, the parties agree that if the statutory presumption of compensability applies to those facts, Cook is entitled to benefits because no evidence was produced to rebut the presumption. Accordingly, our review is limited to a determination whether the commission erred as a matter of law based on the following facts.

In 1975, employer initially employed Cook as a part-time “dispatcher/matron.” Her duties included answering the telephone, dispatching emergency calls, performing clerical work, maintaining jail records, searching female prisoners, and implementing the feeding of female and male prisoners. She had no authority to perform the duties of a deputy sheriff.

Beginning in July 1981, Cook became a “deputy sheriff/corrections officer.” She essentially continued with her prior duties in the jail. Although Cook then had the authority of a deputy sheriff, she did not perform the duties of a “law-enforcement” deputy sheriff.

[249]*249On November 8, 1983, Glenn P. Lloyd was elected Sheriff of Augusta County for a term of office commencing on January 1, 1984. On December 30, 1983, pursuant to Sheriff Lloyd’s certification to the Circuit Court of Augusta County that Cook had been appointed by him, Cook was sworn as a “Deputy Sheriff of Augusta County.” Thereafter, Sheriff Lloyd designated Cook as a ‘ ‘Deputy Sheriff/Corrections” and assigned her to duties within the county jail. Although her duties were subject to change at any time by Sheriff Lloyd, Cook’s duties essentially consisted of ‘ ‘seeing to the care and confinement of jail inmates.” Cook did not perform the duties of a deputy sheriff designated as a law-enforcement deputy. Although she had the authority to arrest and serve civil process, she was not issued a weapon, assigned a patrol car, or required to undergo the statutorily required twelve-week course of instruction for law-enforcement deputies established by the Department of Criminal Justice Services. See Code § 14.1-73.2. Sheriff Lloyd “consider[ed] Mrs. Cook a deputy sheriff of Augusta County,” but he did not encourage her to exercise her authority outside of the jail. In fact, if she had begun to make arrests outside of the jail, she “would either cease making arrests or cease being employed,” according to Sheriff Lloyd.

On December 29, 1987, Cook was again sworn as a “Deputy Sheriff/Corrections of Augusta County” and her duties in the jail continued as just related. While on duty at the county jail in this capacity, Cook suffered a heart attack on January 16, 1991.2

Code § 65.2-402(B) provides that:

Hypertension or heart disease causing the death of, or any health condition or impairment resulting in total or partial disability of (i) salaried or volunteer fire fighters, (ii) members of the State Police Officers’ Retirement System, (iii) members of county, city or town police departments, (iv) sheriffs and deputy sheriffs, and (v) city sergeants or deputy city sergeants of the City of [250]*250Richmond shall be presumed to be occupational diseases, suffered in the line of duty, that are covered by this title unless such presumption is overcome by a preponderance of competent evidence to the contrary.

(emphasis added). In determining that this statutory presumption of compensability is applicable to Cook’s claim, the commission concluded that Cook, at the time of her heart attack, was a sworn deputy sheriff and “[t]he fact that law-enforcement deputy sheriffs, i.e., road deputies, have different duties and are perhaps exposed to different risks does not change [Cook’s] status nor make her claim any less compensable.”

On appeal, employer contends that Cook is not entitled to the Code § 65.2-402(B) presumption of compensability because she was a “correctional” officer, not a “law-enforcement” officer, and did not engage in the “usual law enforcement or police duties” at the time she suffered her heart attack. The essence of employer’s contention is that because of her duties Cook was not a deputy sheriff as contemplated by Code § 65.2-402. Implicitly, the commission reached its contrary conclusion from the express language of the statute and rejected the employer’s contention that the legislature intended to limit the application of the statutory presumption to deputy sheriffs assigned to law-enforcement duties. We agree with the commission’s analysis.

The statutory scheme by which Cook became a “Deputy Sheriff of Augusta County” and was designated a “corrections” officer by Sheriff Lloyd provides the background for determining her status at the time of her heart attack, and is pertinent to an analysis of the term “deputy sheriffs” contained in Code § 65.2-402(B). Specifically, for the reasons that will become apparent, this statutory scheme explains the significance of the specific designations given to deputy sheriffs and, in turn, resolves the issue of entitlement to the Code § 65.2-402(B) presumption of compensability in a particular case. For these reasons and in this context, we review that statutory scheme.

Within the limitations of the state funds appropriated to it, and with the participation and cooperation of sheriffs and the governing bodies of counties and cities, the Compensation Board fixes and determines what constitutes a fair and reasonable budget for the participation of the Commonwealth toward the total annual cost of the office of a particular sheriff. See Code § 14.1-51. In order to determine this budget, [251]*251the Compensation Board receives annual written requests from the sheriff for the expense of the office, including salaries requested for personnel. See Code § 14.1-50. A copy of this request is filed by the sheriff with the governing body of the appropriate county or city. The Compensation Board is required to consider, among other factors, the extent to which the duties of the sheriffs personnel are imposed by actions of the local governing body. In the event of a disagreement, provisions are made for a hearing before the Compensation Board on any objections by the local governing body to the budget allotments.

Within this general framework, the Compensation Board fixes the number of full-time deputies a particular sheriff may appoint who are to be compensated by state funds. See Code § 14.1-70.3 However, the sheriff, rather than the Compensation Board, actually appoints the individual deputy sheriffs. See Code § 15.1-48. In addition, once the number of deputies and the aggregate allowance for their compensation are fixed by the Compensation Board for a particular sheriffs office, the sheriff sets the annual salary of each full-time deputy in his employ, except supervisory deputies and those designated as investigators whose salaries are fixed by the Compensation Board. See Code § 14.1-73.1:1.

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Bluebook (online)
430 S.E.2d 546, 16 Va. App. 247, 9 Va. Law Rep. 1257, 1993 Va. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-augusta-jail-v-cook-vactapp-1993.