Commonwealth, Department of Highways v. Baker

CLAY, Commissioner.

This is an appeal from a judgment affirming an award of the Board of Claims in a proceeding under KRS 44.070 to 44.170. We do not reach the merits of the case.

The Commonwealth interposed the defense that this claim was barred because not presented to the Board within one year from the time it accrued. KRS 44.110(1). The accident happened on December 12, 1959; the claim was filed December 12, 1960.

The filing of the claim within the one year period is a condition precedent to recovery. Commonwealth Dept. of Highways v. Chinn, Ky., 350 S.W.2d 622. The computation of time is…