case to determine that he capable of making thirteen seventy eight an hour the maximum of the estimate or range it was presented in the evidence you can do this if there's evidence of a specific amount but the evidence is not a specific amount the evidence is a range which is normal and which is providing a warning the one where they didn't disagree with those numbers here if you have to have some proof thirteen seventy eight is what he can make his all he can make and there's there's nothing in the analysis here there's nothing that was presented by the city that would say yes the amount is and so what are you suggesting the average amount you would have been able to earn should have been more in the steve moment all or in the evidence the average amount is i've come up for fifteen jobs we're looking at and ten of the jobs pay hate fifty an hour in only five of the jobs pay thirteen dollars an hour he ever did you would not be the difference between a twenty five thirteen seventy five and divided by two it depends on how many jobs paid how much money and then you're right is he actually does say if he has to be an average mom in this particular case thirty two dollars is not the average of any so but the question that i have is what is the average mom yeah can i help with that the because you have a limited time i used to the average is a measure of central tendency and there are three accepted measures of central tendency mode medium in mathematical average ok they only come up with the same figure if you have a normal media fifty percent are humbugs that figure fifty percent or below mode is the most frequently occurring in the range and then averages a mathematical average which is minus the road divided by two average unless of course he says my i determine this because they found two jobs that he suitable for one pays a twenty five and the other pays thirteen seventy eight but if the only thing he says is the range is a twenty five to thirteen seventy eight he's not talked about on the average but in any case in any case however you do this thirteen seventy eight is not the average of anything in this case so i mean you know we got to do something  record which actually could support that determination by the commission and the commission just says we reviewed all the evidence and we find this is the right number includes the fact that blumenthal's report has some of his work history and that includes that he was already on ars an hour a part time job actually sort of a peculiarity of the report represents minimum wage at the time to john at the time the opinion was written so he's actually using john from john data from a cashier job from i d e s which i believe the was prepared because he's using third quarter two thousand and nine i would suggest that he passed through in his report use a minimum wage which is exactly whatever it may be which is exactly what he did right and again using the minimum wage at the don't think it requires that we figure out everything you can possibly get within its restriction and then take the average office which is on the right you know you you you you have the commission determine what suitable employment he is capable of he pick it out and then you have to take the average wage at that suitable employment in this particular case they just pick the height which is itself an differential however his lack of effort in obtaining all suitable employment leads us to determine that he is capable of earning the highest amount that mr blumenthal opined he was capable of running thirteen seventy eight per hour the question as to there has to be some suitable little point and i don't actually believe that it needs to be specifically identified because these reports to we only list a small number of jobs to resign to be representative  commission comes to thirteen seventy eight from a life people standpoint any case law or any factual stand and i noticed in reading or your brief that they give you really don't make an effort to justify how the