- 10 - only proximately caused by tortious conduct; it must also be directly causally related to personal injuries. Commissioner v. Schleier, supra at 329-330; see also O’Gilvie v. United States, 519 U.S. 79 (1996). In other words, the mere fact that a taxpayer suffers a “personal” injury from a defendant’s conduct is insufficient to satisfy the “on account of personal injuries or sickness” test; only recovery that is “attributable to” such personal injury is excludable from gross income. Commissioner v. Schleier, supra at 330-331. As interpreted by the Supreme Court, the phrase “on account of” imposes a “stronger causal connection,” thereby making section 104(a)(2) “applicable only to those personal injury lawsuit damages that were awarded by reason of, or because of, the personal injuries.” O’Gilvie v. United States, supra at 83. In the instant case, Mrs. Campbell’s only claim against OTS was that OTS did not follow the RIF regulations in effecting her reduction in grade (i.e., her demotion). On appeal to the MSPB, her requested relief from OTS’s violation of the RIF regulations was for OTS’s action reclassifying her position to be vacated and for an award of compensatory damages including the lost wages and benefits she would have been entitled to had she retained her original position. The MSPB agreed with Mrs. Campbell and ordered OTS to cancel Mrs. Campbell’s demotion and restore her to her former position effective December 12, 1990, and to issue aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007