In Uncategorized on 05/07/2016 at 00:07

Corry C. Wright, Docket No. 8744-15S, filed 5/6/16, echoes the words of Gerald Marks, as set to music by Seymour Simons, when describing his injuries after he was fired by the University of Delaware because of racial prejudice, he says.

“According to petitioner, he did suffer physical injuries and/or physical sickness because the action giving rise to his complaint against University had a negative impact on his entire being.” Order, at p. 8.

By now my astute readers know that this is a Section 104 exclusion review. Here, it’s an off-the-bencher designated hitter from STJ Lewis (“His Name Is My Name Too”) Carluzzo.

A mediation yielded a settlement, a $20K check to Corry, and a broad-form general release that Corry signed.

Now it doesn’t need repeating that only outright physical injury or mental injury generating physical symptoms requiring medical attention permit the Section 104 exclusion, and STJ Lew goes over the caselaw with his wonted thoroughness.

STJ Lew is sympathetic: “We understand that the sudden loss of an individual’s job and source of income would be unsettling to the individual, and petitioner was no doubt distressed as a result of losing his job with University under circumstances that he considers to be discriminatory. Nevertheless, petitioner’s reference to injuries to his ‘entire being’ would seem to transcend the physical, and the suffering he experienced and described as a result of his discharge from University would seem better described as emotional distress rather than physical injury.” Order, at p. 8.

And Corry has no medical bills to back up his claim.

So he’s out on exclusion.

Corry had his return prepared by a volunteer from a tax prep organization (organization unnamed). Corry claims he discussed the settlement payment with the volunteer, who told him he could include it or not, so he didn’t.

STJ Lew says Corry did rely on the volunteer (credentials not stated, nor did volunteer testify), so he avoids the negligence chop.

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