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PIONEER PIPE, INC. v. SWAIN

No. 15-0397.

791 S.E.2d 168 (2016)

PIONEER PIPE, INC., Petitioner v. Stephen SWAIN, Brayman Construction, and J & J General Maintenance, Inc., Respondents

Supreme Court of Appeals of West Virginia.

Filed: September 19, 2016.

Attorney(s) appearing for the Case

James W. Heslep, Esq , Steptoe & Johnson PLLC, Bridgeport, West Virginia, Counsel for Petitioner, Pioneer Pipe.

Jeffrey B. Brannon, Esq. , Cipriani & Werner, P.C., Charleston, West Virginia, Counsel for Respondent, J & J General Maintenance.

Lawrence B. Lowry, Esq , Barrett, Chafin, Lowry & Amos, Huntington, West Virginia, Counsel for Respondent Stephen Swain.

Lisa Warner Hunter, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, West Virginia, Counsel for Respondent, Brayman Construction.

The parties in this workers' compensation case debate a simple question: should the word "may" in a statute actually be construed to mean "shall?" We find that the general rule is that a statute that uses the word "may" is inherently permissive in nature and signifies that the Legislature meant to make the referenced act discretionary...

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