and you would probably be asking me right now if i was objecting to the deposition why did i show up so i believe it's a catch twenty two in this case that i relied on a statute that is very clear indicating that a deposition ma agreement at the time deposition at the time of the deposition there was no agreement counsel in the deposition transcript and the case that it was taken by agreement of parties and pursuant to the rules governing practice however at the time of the deposition the record reflects that there was because that is how the commission rules however there is nothing in the statute indicating that there is a time limit or reasonable less limit and in fact your honor just last month i had counsel i had a deposition scheduled at nine am in the morning or thirty pm the night before counsel called me he said he had to postpone that that i did it without question i mean obviously there would be no agreement to take the deposition if i showed up and took the deposition at that time you know we can argue about the a commission exercise discretion here i mean there could be a situation where they would say yeah there is a legitimate reason to not show up for the deposition they could say that however again i would point to the statute indicating that there is no requirement for professionalism and this sort of situation does not happen very often and nor would i indicate that it happens i'm purpose y night before the deposition and i didn't make me for about five minutes before your honor there is no time limitation indicated in the statute so that your answer to everything right well secretary construction indicates that there is no  requirement or no allowance for adding requirements such as reasonableness a time limit council would seem that in order for your argument to prevail you would need some additional language to the statute where does it say you know unless the stipulation was withdrawn so it seems that your position requires some additional language to the statute that isn't there or to the rule that is there i would argue your honor that at the time of the deposition itself  the question here my understanding is the medical records he didn't have were just for the last three visits yes that you know not you could have shown up in the doctor giving you the medical records and you take fifteen minutes or whatever and look at them and then if there's a problem you can back in the state on the record wait a minute this changes everything i'm not prepared for this you know whatever and then the commission could exercise their discretion about whether or not the deposition should have been taken based on that wicker i bring your honor that could have been one way to handle the case so why should we just allow the commission to exercise discretion in these kind of circumstances based on the facts of the particular case i believe that and based on the facts on this particular case allowing the ex p decided to forego that or to well i didn't know that he would actually proceed with the death because normally when i ask if i discuss with the opponents or if they discuss with me that they need to postpone the depor if they don't agree with the death that does not take place even normally that the manifest weight of the evidence points in the opposite direction this is a petitioner who sprained his ankle and underwent a significant amount of pain management mostly after a car accident that he sustained shortly was treating for this and he was actually during the pendency of this case which treats fibromyalgia and in fact our independent medical examiner indicated that the lyrica was not effective and  friend i believe had a personal stake in this case he treated the petitioner for a long time made a lot of money on his injections he was injected twenty six times with medication over the course of the treatment reconstruction in this court has enunciated many many times you take statute as a whole you don't sleep if you don't summarize so we take the statute as a whole and we know that there is a simple and summary theme the general you're supposed to go through kind of hearings taking of evidence supporting evidence you know workers compensation here's what happens what happens here is a we set up a deposition of the treating physician as all of you know there is no duty to take the deposition of the treating at the records of all of the doctors who ministered to this young man or cop who did the earth tain pursuit of the stitch toria neck that's number one number two there was an agreement to take the deposition of dr boone then now i can't talk beyond the record now not going to do that so i'm not going to argue that the only purpose of taking a treating doctor's deposition was through a lollipop respondent it's fair shake to go and see if they can have a perry mason moment with this doctor and him break down on the stand during rigorous cross examination where you disability all the opinions that he's already codified in his records and again sometimes we do them well this think about well what would be the motivation just hypothetically the guy is suffering from  for problem a beer block is an extremely painful process i know you've seen medical records where they describe it in horrible detail about where they put a cop on the five it exciting when  then place this probe in there so they can or can you will rather so they can introduce medication nobody wants to go through that i'm no william here's another issue one when she talks about dr holmes and his record sacrament that he he benefits when the arbitrator authored that decision on december second twenty two and forty years and one week ago i submitted this court that the body of evidence is supported entirely in favor of the petitioner they reviewed all of the treating them so there's a commission here of discretion to determine whether or not the taking a better position or the refused to attend was reasonable i submit th number two is the record of the weight of any other substantive evidence other than the deposition by which the commission could in effect make a determination as to the issues extent in this case the answer is it's a plethora of evidence to allow counsel based upon her statement to be arbitrator without any supporting documentation that we try to get the records we get in this counsel it is as justice here is points out there were only three visits missi and for here are the dates when can you make it what time is convenient so that everybody can be there at the same time you got to pay them in advance you better order a court reporter and the more we haul the rabbit comes out  manifest weight clearly supported by the evidence even if you choose to ignore the deposition testimony just briefly your honour's i did want to touch and make here objection as well to the deposition transcript which goes to the abuse of discretion standard as you know here is it is there to prevent surprise medical testimony at the time of trial i think that this deposition transcript is the exact definition of surprise medical testimony the medical records that i did not receive the last three visits indicated a recommendation for a spinal cord stimulator now this