In University of Kentucky v. Guynn. Ky., 372 S.W.2d 414 (1963), the Board of Claims granted an award of $ 10,000.00 even though at the time of the injury recovery had been limited to $ 5,000.00. The appellants argued "that whatever rights the claimant had were vested as of the time the claim accrued, and the 1958 amendment to the law could not be construed retroactively to increase the amount of the allowable recovery." (Id. at 416.) In holding that the amended version of the statute was controlling, the Court of Appeals stated: The Board of Claims Act does not create causes of action against the Commonwealth. Its effect is to waive the defense of sovereign immunity by providing a remedy for a particular character of claim. In prescribing this procedure the legislature was acting under section 231 of the Kentucky Constitution, which authorizes the General Assembly to direct the manner and in what courts suits may be brought against the Commonwealth. As a matter of grace, such a remedy may be granted, withdrawn or restricted at the will of the legislature. In its discretion it may fix or alter the amount recoverable . At the time of this accident Donna Mae Guynn had no assertable claim for damages against the Commonwealth except to the extent the legislature had granted a remedy. She had no vested right to sue the State at all, and at least until proceedings were commenced the conditions upon which sovereign immunity would be waived could be changed either for her benefit or to her detriment. At the time she filed her claim she had no remedy except the one then existing, with its fixed limit of recovery. The date her potential cause of action accrued had no relevancy to the extent of the State's liability (except to start the running of a limitation period). When the claim was filed the Commonwealth had consented to a justiciable liability in an amount not exceeding $ 10,000. The Board was authorized to award this maximum. (Id.)