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deposition supports a contrary finding. Although Ms. Nield
raised the alleged elbowing incident in her deposition, nowhere
in the deposition did she allege that she suffered any physical
injuries as a result of that incident.9
With respect to Ms. Nield’s affidavits that comprise her
State claim with the Utah Industrial Commission on which she
relies, we have reviewed those affidavits and find that they do
not support her position that she received the settlement amount
at issue on account of personal physical injuries. Ms. Nield’s
affidavits support a contrary finding. Although Ms. Nield raised
the alleged elbowing incident in her State claim, nowhere in the
affidavits did she allege that she suffered any physical injuries
as a result of that incident.10
9Ms. Nield claimed in her deposition that her supervisor
once brushed his elbow against her breast while he was walking
past her in an area where there was a limited amount of space for
two people. Based upon Ms. Nield’s recitation in the deposition
of how the alleged elbowing incident occurred, we believe that it
was highly unlikely that she suffered any physical injury from
that incident.
Nowhere in the deposition did Ms. Nield make any reference
to the alleged tackling incident or any physical injuries as a
result of that incident. However, we note that Ms. Nield testi-
fied at the trial in the instant case that she first mentioned
the alleged tackling incident and alleged physical injuries
resulting therefrom after her deposition took place.
10Although her State claim could be read to assert that the
alleged elbowing incident happened at various times, she later
clarified in her deposition that only one alleged elbowing
incident took place.
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