deference to the commission decision is not required and that is exactly what happened in this case and that's exactly what the deal now for starters i want to address the c t scan issue and i mean i think it's really important as saying that the only experts that were asked the question the arbitrator should have taken that into consideration taken said something about a c t scan results in his conclusion he does not do it and who indicates in her records that there was nothing significant on the c t scan there are three reports from the c t scan from three c t scans the first one was ordered by dr subtle that was read by the radiologist and it makes no mention of any horrors in the county offices dr settled indicates there's nothing no significant abnormality on the c t scan the next one's done by dr hecker tuner's evaluation here the radiologist both indicate there is no evidence c w p on those i think it was compelled to consider that so those interpretations that c t evidence in reaching a conclusion with regard to the presence or absence of see have you paid the obviously not and i think that we take has better credentials well it's a question of wait i mean they're entitled to believe calling over to or i think what they can do yes absolutely and if that were all we were dealing with i probably wouldn't be here the important thing might be here anyway have gone we're going to he never saw the results of seventy percent of the skin says deposition was taken in november of zero five it was a month after that first c t was done but there's no way you got that in there obviously he didn't testify about it so it's not a i'm just if it's the best tool that we have in this case then the interpretations of it should carry the day the normal range therefore subsequent over function studies done every one of the ratios in those four studies both before and after the bronco dilator were within the normal range and those are after it's not like he had something going on back in two thousand and five in january when dr cohen but it cleared up by the time dr suttle did something in two thousand and eight but with all the other exams with the ratio being normal i mean this i mean sure you could add a fifth and sixth form or function study but this is to me like i said overwhelming indisputable whatever term i want to use i don't think it should have taken into consideration what was found in all these other studies obviously the arbitrator didn't do that again dr subtle this point very dr indicated in her records normal momentary functions so she did a study you know six and a couple in the right with the overwhelming weight of the evidence being and with that the hallmark function values this guy has a normal including the ratio except for the one old test i just briefly on this issue to show you the commission you have to make a decision you have the system that's been recognized trip with the reading system brought in specifically to determine whether the guy's got black lung it's an analog in his recent medical opinion looks at the actual obtain not the guy got not the present layman look at that percentage and they can be misled and after seeing this so many times i think commissions figure that out and they said we're not going to try to get in the doctors we're going to going to leave him over doctor too and that is supported by the record again the only burden is that they're supporting the record i think there is a test first the surf board hand in state you