sense this involves the statutory interpretation we believe that under the puritan finance case this is a note over instead of the manifest weight case as it's our belief that the commission didn't just add facts and correctly we think they added in employment and finds that a wage differential was not proven in this claim that's the only sentence that we have in the whole commission decision explaining why it went from a wage differential to a permanent partial if you look at the statutory look at the beginning of the missions decision they say if we don't modify if we don't reverse everything else in this decision is deemed to be admitted affirmed if you take a look at where she question or where the commission questions ca question her relative to erbil and in fact even reversed around the bill as it relates to the labor market survey there's no research there's no modification obviously they could have said and that's what we were looking into saying well why didn't they say we find the labor market survey not credible we find the claimant not credible with his job search relative to the dollar amounts of he's talking about that's not what they said they simply said well we think it was an invalid job search so therefore we're finding the whole thing wage differential not prove it which to me face the same question that i have the same question with this if they're not saying the labor market survey is invalid because they affirmed it well there really what you're dealing with  uncontested labor market survey that supported specifically by the petitioners testimony he went through five hundred different job searches and in those five hundred different job searches he's basically going through a very rural community where his the city that he lives in is a whopping four hundred eighty six people i believe he did five hundred different contacts he found three different jobs using family and friends all of the jobs that he was looking at were paying between eight  dollars per hour exactly why with what the labor market survey says so to say it's an invalid search well that could invalidate his recommendation maybe for maintenance but it doesn't invalidate the wage differential aspect of it it simply side and that labor market survey that we're talking about was what the commission affirmed when they said we we reversed as it relates to the bills but we don't when you think is it relates to the arbitrator's conclusions decision if i don't modified by you don't reverse it it's deemed to be a firm and if you go back to the arbitrator's decision he relied heavily on that labor market survey to say here's my range fifty to ten dollars per hour  well the first element they specifically said yeah we know that he cannot go back to the coal mine that's the undisputed aspect the ability or the labor market survey isn't even discussed it's not deemed to be incredible it's not deemed to be an and so when you're dealing with determining whether he fits under eighty one for the commission to come back and say well there had to be a valid job search associated with that question or that's where they irv that's medical examiner says permanent work restrictions and the restrictions are such that after so many hours he has put that leg up and in fact respondents own doctors restrictions are more severe than ours so that's the understated aspect we so he's out of work that job is paying him one hundred dollars per week the next step is we have the impairment of earnings and when you look to that according to eighty one you're going to look to things like labor market survey and so that's why you don't learn by looking at respondents brief we were looking at that very very situation as he cites to that saying she was deemed not credible where in the commission decision i've read it many times i see they're saying she's not credible regarding trying to substantiate or illegal market so yes in his situation because of the fact that the job searches that he was looking at were similar to what the labor market survey was shelled out taken to him in its ins degree we could have held off and w d until he finally obtained reemployment and then we would have had a proof of it but he was saying i'm willing to accept the fact that i will find reemployment and that becomes really important in this case because if you take a look at what  said early on he's currently in totally the same one employer is going to hire an individual that if he's standing for two hours he then has to sit down and elevate his foot for a few hours but this is a route farmer he said i'm not going to be permanently and totally disabled i will find employment somewhere somehow i'm willing to accept wage differential instead of pushing for permanent total disability so for me i was thinking this is the guy that needs to be reworded because of the fact that he's saying i'm not going to sit on the couch and accept a permanent total disability i'm going to find work somewhere somehow he found he had a couple of short term seasonal jobs and he showed that he was physically capable of at least doing them  one else will hire me and i start my own business with my father he's doing everything in his power to try to find reemployment and so that's why i went right reading the same his labor markets or whatever he's doing his job search is invalid of which case that is certainly an option that we would entertain and then some there was discussions early on with this process where she was discussing with him further schooling but at the point where we were at with all of this because of the denial that had been going on he was throwing his hands up same i'm going to find a job somewhere in my current state of find a job somewhere i'm willing to accept wage differential based upon what the labor market survey that said and so that's where the arbitrator was saying there is a labor market survey that's consistent with the jobs that he was actually in fact a trial he actually had some interviews even just fun to some interviews in hopes of finding reemployment within his current physical status using the national team guidelines so that always becomes problematic to get into more schooling when the vocational specialist to say he's getting hits he's got people that are looking at him that are wanting to interview him so it's tough to get to the schooling aspect whenever he's he is at least looking or being looked at by employers in his current state so that's why we were looking at this on the issue of the wage differential so what we're asking is that if you reverse relative to this issue of the finding the wage differential in the arbitrator the arbitrator's decision you reinstate survey to be valid and that's why he had awarded what the awarded so that's why when we're seeing the reversal from the commission without really an explanation except to say petitioners search for alternate employment on i'm going to address a couple of course real quick that he mentioned at the very functional capacity evaluation way after the fact this is four five years down the road and the commission  status but they didn't seem to have any problem with their service they pick and choose they over the years i've seen where we've seen an awful decisions from the commission such as this one they pick and choose what they do and sometimes they try to  where they are we find petitioner to be a liar we fight petitioner to be not credible we don't say see that very often what we do see is sort of the opposite we fight petitioner to be a credible witness benefits at the same amount of money he sat around for three years without doing anything he claims when my job searches i look at the things show me the dates where you claim you're doing a job search is why you're collecting these benefits years later his labor market surveyed she never left the state of missouri to help this child and her sister at what we were charged for they never came over here to help him he was two and a half three hours away now let's go backwards mr hazlitt you can see even it is green and green that the trial he makes these accusations oh that's a horrible job search oh he wasn't trying he wants to sit on the couch we provided him a job search  with the demand will you provide vocational services never responded so now here we are four years later and they're going to attack jamie saying he didn't do the job search right well by golly if they don't authorize vocational services from the get go we wouldn't even be here today they would have had him in a job hopefully because he would have had that big break in time where he was having to struggle on his own to try and find these connections he would have had the assistance he needed they would have had the job searches that they needed we would have been able to move forward with this case in the proper direction but they sat on their hands they said we're not paying him agencies getting paid disability so we don't worry about it and so here we are four years later they're going to tear apart each one of them and by the way at the time of trial he's never once said any one of the contacts were invalid inappropriate into the system or outright lies there's no evidence of that normally in situations like this i is not doing a valid job search they would bring in their own vocational expert who's going to say that's an invalid job search because you really didn't contact that person no such evidence so that's where i'm saying where's the invalidity coming from he's done wh he was supposed to do on his own doing the best he could in the rural setting he was that and opine away at two years time after that time period his money ran out he's been struggling with part time jobs struggling with moaning cemetaries doing whatever he can to make ends meet living off his girlfriend's money at this point and so he's struggling but all the while he's saying the same thing i'm not going to quit i'm not permanently and totally disabled i'm going to find a job that's where  are right you're not permit total and she don't want to be i'm not going to make a man perm total because he says he doesn't want to be she testified that instead we're going to take a look at if you find employment what's reasonable what's the reasonable rate what the labor market was that's what we're talking about that's what the commission did not find in balance so to say that in as part of their conclusions that he had that there was an invalid or that they questioned his search for alternate  in question if they don't do that they want to be polite i've been doing this twenty years i've never seen an arbitrator or even a commission who's been concerned about saying this expert is not credible they do it every day especially in this situation where it's uncontested the only expert in this case from the information about of labor market survey was still laurus they didn't bring in another one saying no he's go back to making thirty bucks an hour the only job search from this came from dolores involves there was no evidence saying attacking the per labor market survey was invalid you know we spent five hours or of which we went through the bills you'll see in the transcript the test of her had her go through each entry