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breached an employment agreement by terminating petitioner. The
mediation summary, however, did not discuss any of the tort-
related claims contained in petitioner's original complaint.
Moreover, the mediation summary's proposal of damage amounts
appears to be based upon petitioner's lost earnings, rather than
upon any specific personal injury sustained by petitioner. The
mediation panel's evaluation, as well as the settlement in
question, were based upon the claim that United had breached an
employment contract in terminating petitioner, resulting in
economic damages from loss of benefits and wages. Therefore,
petitioner has failed to meet his burden of proving that the
settlement was based upon tort or tort-type claims. Furthermore,
petitioner has failed to meet his burden of proving that the
settlement proceeds were paid on account of personal injuries.
Accordingly, we sustain respondent's determination.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011