Pioneer Pipe v. Stephen Swain, Brayman Construction

Chief Justice Ketchum:

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, rather than mandatory.

I

FACTUAL AND PROCEDURAL BACKGROUND

Respondent Stephen Swain worked out of a union hall for thirty-three years as a heavy-equipment operator employed by different construction companies. Mr. Swain testified that he was…