- 11 - be received "by reason of" or "because of" the personal injuries. Id. 117 S. Ct. 452, 454-455. The Tenth Circuit has also had the opportunity to examine the meaning of the phrase "on account of". Brabson v. United States, 73 F.3d 1040 (10th Cir. 1996); O'Gilvie v. United States, 66 F.3d 1550 (10th Cir. 1995), affd. 519 U.S. ___, 117 S. Ct. 452 (1996). In Brabson, the Tenth Circuit held that an award of prejudgment interest was not directly linked to the underlying personal injury and thus not excludable under section 104(a)(2). Brabson v. United States, 73 F.3d at 1047. Rather, the Court found that compensation received for the lost time value of money is caused by the delay in obtaining judgment. Id. It reasoned that time is the relevant factor in calculating the amount of damages for prejudgment interest, not the injury itself. Id. Thus the phrase "on account of" requires a strong causal connection between the personal injury sustained and the compensation received. O'Gilvie v. United States, supra; Brabson v. United States, supra at 1046-1047 (citing Schleier, 515 U.S. ___, 115 S. Ct. at 2164). We find that petitioner's mental distress claim satisfies this requirement. Her wrongful termination directly caused her mental distress for which Oklahoma law allows a recovery in tort. The relevant factor for calculating damages for mental distress is the injury itself. Since this type of intangible harm may constitute a personal injury, Commissioner v. Schleier, 515 U.S. at ___ n.4, 115 S. Ct.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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