Cox v. American Aggregates Corp.

ON PETITION TO TRANSFER

BOEHM, Justice.

We granted transfer to consider the applicability of the Journey’s Account Statute (the “Statute”) to claims presented to the Worker’s Compensation Board (the “Board”) under the Worker’s Compensation Act. We hold that such claims are not subject to the Statute.

Factual and Procedural History

In the summer of 1986, appellant Earl Ronald Cox suffered injuries while working as a welder for appellee American Aggregates Corp. (“AAC”). On March 27, 1987, Cox sued for damages for pain and suffering and for loss of future earnings. To avoid the bar against civil…