- 9 - Having found that the settlement proceeds were attributable to both mental distress and punitive damages, we must now decide whether these types of damages were received on account of personal injuries or sickness. Respondent argues that our decision is controlled by the Supreme Court's holding in Commissioner v. Schleier, 515 U.S. ___, 115 S. Ct. 2159 (1995). We disagree with respondent's assertion to the extent discussed herein. The specific holding of Schleier was that back pay and liquidated damages recovered under the Age Discrimination in Employment Act (ADEA) are not received on account of personal injuries. Petitioner's case is distinguishable in that it involves settlement proceeds received in lieu of mental distress and punitive damages under Oklahoma's wrongful termination tort cause of action. In Schleier, the Supreme Court recognized that damages received on account of personal injuries or sickness may encompass recoveries based on intangible as well as tangible harms. Commissioner v. Schleier, 515 U.S. at ___ n.4, 115 S. Ct. at 2164 n.4. Although the Court acknowledged that intangible discrimination harms can constitute personal injuries, it held that the ADEA does not provide for recovery for such harms. Id. at 2165 n.6. We therefore interpret Schleier as allowing the exclusion of damages received for intangible harms such as mental distress where the law governing the underlying action provides for such damages. See Banks v. United States, 81 F.3d 874, 876Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011