Rice v. Conley

WADDILL, Commissioner.

On the appeal of the above captioned case we affirmed the judgment which had sustained an award of Workmen’s Compensation to appellee, Hollie Conley. Rice v. Conley, Ky., 414 S.W.2d 138. Although a supersedeas bond had been executed, our mandate was issued without awarding Conley 10% damages under KRS 21.130. Conley has moved to amend the mandate and to grant him 10% damages.

Conley contends that upon affirmance of the judgment inclusion of damages in the mandate was required pursuant to KRS *77021.130. This section provides in pertinent part:

“ * * * where the appeal is from a…