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curiam T.C. Memo. 1969-159; Tokarski v. Commissioner, 87 T.C. 74,
77 (1986).
An example of Ms. Nield’s testimony that we find to be
questionable is her testimony that her supervisor at Goer (super-
visor) bumped “into * * * [her] breast with his elbow” (alleged
elbowing incident) and that that alleged elbowing incident caused
her bruising.4 Except for Ms. Nield’s testimony at the trial in
the instant case, the record before us, including her State
claim, her complaint, and her deposition, shows that Ms. Nield
did not make any claims that she suffered bruising or other
physical injury as a result of her supervisor’s having bumped
into her breast with his elbow. Moreover, Ms. Nield admitted at
trial, and the instant record establishes, that she did not seek
medical treatment for the alleged bruising from the alleged
elbowing incident, which she claimed for the first time during
her testimony in this case.5
Another example of Ms. Nield’s testimony that we find to be
questionable is her testimony that her supervisor once tackled
4Ms. Nield did not testify at the trial in this case how
many times her supervisor allegedly brushed his elbow against her
breast. However, as discussed below, Ms. Nield testified during
her deposition that the alleged elbowing incident occurred only
once.
5According to Ms. Nield’s testimony at the trial in the
instant case, she did not seek medical treatment as a result of
the elbowing incident “because it was just bruising that healed.
It was very sore.”
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