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Callahan v. Hubb Coal Corp.3/18/2005
iecemeal litigation of workers' compensation claims is counterproductive. Particularly under the present circumstances where both claims arose on the same day, workers should consolidate the claims so that they may be considered together. Therefore, we would urge the legislature to consider enacting a provision which addresses the problems caused by the piecemeal litigation of workers' compensation claims.
In response, the General Assembly amended KRS 342.270(1) to require an employee to "join all causes of action against named employer which have accrued and which are known, or should reasonably be known to him." Subsequently, the Supreme Court observed that KRS 342.270(1) was "clear, unequivocal, and mandatory, both with respect to a worker's obligation to join 'all causes of action' against the employer during the pendency of a claim and with respect to the penalty for failing to do so."
Since the language of KRS 342.270(1) is explicit, we have need not resort to rules of statutory construction, and we must apply the commonly understood meaning to each word contained in the statute. Given the Supreme Court's reasoning in Jeep Trucking, we conclude that the words "all causes of action" found in KRS 342.270(1) mean all, including both injury claims and occupational diseases claims. Thus, when Callahan filed his injury claim, he was required to join his occupational disease claim of which he was then aware.
Because the Board did not misconstrue controlling law, we affirm its decision.
ALL CONCUR.
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