may please the court received good afternoon my name is keith carlson and i represent yep that one's in this case the mall the firefighters and watching this case focuses around when an applicable salary becomes a factor for purposes of terminating a pension that the statute makes relatively clear when that period of time should be fed it's when a person is removed from the payroll  disability and the workers compensation which is a separate set of benefits if you look at the plain language of the worker's compensation act it establishes that is not salary it says in fact it's meant to keep based upon salary the and perhaps the judicial retirement pension system i don't know you can apply sick leave for use a service that does not exist under article three or article for so long lump sum payout at the cost for creation of service that they get sixty six and two thirds at some point during your firefighters career not necessarily on the last day of work i don't know what you know how that works sixty six and two thirds they'd never get paid a hundred percent anywhere in the first round of the hearing no i'm not saying it's out of thin air i'm saying i don't know where they got it from i don't know if they looked at the collective bargaining agreement made in here and saying oh this is this i don't know if they didn't know that he was on t v during the time i don't know if the village  continue service and up basis for salary by reversing straddle ation of looking at what salaries used to g d p and there is no point which there would be an offset against workers compensation benefits it just wouldn't exist he would have been getting kiki on the date of the hearing and whether the salary was seventy three thousand or seventy five thousand or ninety thousand the pension fund would have been able to offset temporary total disability benefits paid simultaneously with the pension so with compassion and the offset would apply the only reason offset didn't apply here is his t p stopped in february of twenty fourteen had it been ongoing and i have tons of cases where it's ongoing it would have been covered to answer all of course questions number one temporary total disability compensation is two thirds of the gross pay on the date of the accident that does not change right for pension purposes disability is sixty five percent thousand three hundred sixty two dollars if this is not true i quoted in my supplemental a brief to this court my cross examination of the human resources director and she did actually testify that he never paid was pa answer yes well right and that would have been computed at the higher rate that would have been computed the rate of seventy five six seventy four i don't have the record in front of me i guess i can say one way or the other can i figure it for you and give you give me a moment here sure yeah you are correct i stand corrected so the record is clear that the firefighters are so close in fact did you see compensation for service performed vacation time at the at the highe or the important thing to understand is that it was the defendant that brought in to issue perform and so the pension board question was do we pay his line of duty disability based on the position ok engineer he left the payroll as is promoted position even though he never worked at it and the depart talks about the date that the salary attached to running will be used by the board to establish the disability so will the scansion itself there is a statutory disconnect between the salary attached to the rain and the personal the personal salary paid to the firefighters and they explored least the case since it's not just in this  and the court accurately reflected that there was the first opinion here was the right opinion where they they granted him him the say his disability based on march seventh two thousand and fourteen which was the last day he was in fact on the because there is no fact issue here ok beat us me settlement the testimony of the pension fund keep sightings of the supplemental record that they made when they all through their opinion and they ignore the testimony of of the firefighters during the hearing in chief and he did testify that between the dean of the injury and and his last day that he was on the payroll there were times he was doing light duty there was times he was using sick pay there were times he was receiving temporary disability compensation and the last check he got was for his his accumulated big cation pay which he would have done during his career as a firefighter for the city  reasoning and contrary to the argument of the defendant paragraphs fifteen and sixteen of my complaint and the number one error in my complaint which wasn't on my own by the sort of core was a open meetings  and to establish why it changed that amount and soldiers the reason i disagree that there's any deference to being afforded the decision of the pension fund is total number one it's an issue of law which is the i never knew that they contended that fifty administratively the way administrate of coral forty four two point three get anything at all to do with this case when you go back to the rule and this and the reason that they are all mom sounds is they don't want the other fish will really inflate that last thing here so that you get the situations that make the press periodically with with some public person on this evidence of the human resources director is that payroll check was written may march seventh twenty working your original order of the pension fund was correct and i asked which room affirm the trial court who held