Virgie R. Porter - Page 8




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          compensation for her personal physical injury in that she                   
          suffered “pain and suffering from not being able to pay my bill,            
          not being able to work and knowing the fact that I was                      
          discriminated against”.  Further, petitioner argues that the                
          damage award was additional compensation for her injuries when              
          she slipped on grease at work.  Petitioner reasons that, if Dobbs           
          had not sexually discriminated against her, Dobbs would not have            
          placed her on the on-call list and assigned her to a position               
          where she received physical injuries.                                       
               The flush language of section 104(a) provides that “For                
          purposes of paragraph (2), emotional distress shall not be                  
          treated as a physical injury or physical sickness.”  Thus,                  
          assuming petitioner did receive damages for her pain and                    
          suffering as a result of the employment discrimination, they                
          would not be excludable under section 104(a)(2).  As to her                 
          personal physical injury, Dobbs compensated petitioner in a                 
          separate workmen’s compensation claim brought by her, and we                
          decline to follow petitioner’s tenuous nexus between the                    
          discrimination and the personal injury.                                     
               We find that petitioner failed to establish that any amount            
          of the settlement proceeds was based on personal physical                   
          injuries or sickness, and, thus, hold that the $71,600 damage               
          award is not excludable under section 104(a)(2).                            








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