Board of Claims (interest): COMMONWEALTH V. ESENBOCK (COA 7/26/2006)

COMMONWEALTH V. ESENBOCK
BOARD OF CLAIMS:    Interest on Judgment
2004-CA-002467
TO BE PUBLISHED 
AFFIRMING (ROSENBLUM)
Date Rendered:  7/26/2006

In this board of claims appeal up for the second time (after the first appeal determined that the award did not exceed the amount that could be paid since it was to be reduced based upon apportionment), the COA held that since KRS 360.040 provides that “[a] judgment shall bear twelve percent (12%) interest compounded annually from its date”, then it follows that a circuit court judgment reducing a Board award to judgment, such as the order of the Boyd Circuit Court entered on February 10, 1999, is entitled to the post-judgment interest benefit provided for in KRS 360.040 the same as any other judgment.

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