please the court my name is steve kelly from nome kelly in peoria illinois or present ari coleman in this matter which is an appeal to you from the only workers compensation commission the issues the major issues in this case is that of notice accident and causation when this case first started and when the application was filed alleging a work accident the individual miss keith allege an accident occurring in the third week of august of year two thousand and five when key started receiving medical treatment in this case she went and sought medical treatment in november two thousand and five from her family physician the evidence in this case establishes through the testimony to lay witnesses that the first notice to my client july of year two thousand and six and the only by the testimony of laura harmon in this case was that when this keith told me she was having problems with her hands knoebels related to work activity she told me it began in the summer of two thousand and five that's consistent with the application in this key filed with the commission that's consistent with the testimony of ms keith when she testified this case on cross examination i asked are you following that with the help of your turning yes i did and you told the commission that your acts occurred in the summer of your two thousand five response yes miss keith calls her husband the test by in the case her husband testifies the case that she started having probs in two thousand and five that when she was coming home from work he knows her having problems with five we were into this trial approximately ninety nine percent there was over eight lay witnesses who testified there was four medical experts who have testified at the time of trial know is it really an absolutely zero or proposition because you've done this enough we have cases somebody could become symptomatic at a certain time and sometimes it is conceivable that it will it go to the doctor they really don't linked to a condition in which their work duties but that wasn't until july of two thousand and six for it when he was asked to link it that's correct that that is correct and understand your position on in the sense that there are cases out there we have to examine manifest state evidence tennis brain braces on risk because she's having problems her focus and her that at the the history she's giving to the doctors is different than case of someone not knowing she knew it began at this time for we're not conceding that this the wrist in the arms where she was having problems risen to two thousand and five that's a given yes that does point that the question becomes on the face and part of the whole record do you believe that she believed it was some of your two thousand and five has ever heard some back and forth with you and other turns regarding the notice issue they have to give no sleep or once they believe it's a work play condition and in this case we do believe that she went to two examinations of two of tooth number one she has to know she's injured and number two she has to reasonably believe that her injuries are were related to the commission found that while she testified  it's manifested itself so no question there's i mean you know if you were correct every time you've got somebody who doesn't discover the the main between the injury in the the employment so more than you believe record doesn't show that then i'm wrong either anything in the record would suggest that she knew that whatever problems became symptomatic and twenty five work related i it it's a big paper however with today's technology in what was put in the us there's manuals the manuals regarding it this is a paper that is alleged the steering wheel the toggle switches in the council were causing the problems that's what she identified the doctors there's no doubt a test when his case shows that there are other activities and other factors that make her job better vary in nature bet is whether brain  tribute to her condition bill being might mean in went on the payroll he is a therapist with dr fletcher mark maimane measured the vibration on the on the steering wheel of this paper he also she was still having problems with her hands or it and i was you know she was working that bothered him but also he was asked questions on direct examination and was given the opinions of dr conner and was given the opinions of dr fletcher and said do you have an opinion dr williams given the doctors you look what mr heath told the individuals i don't think that the control of the paper was one that was much worried about i think dr fletcher addressed that as relates to the study of the manuals in the hydraulics in the track system of the paver that is the same as folding a van doren and councils criticised him regarding have interesting enough when you talk about the the steering wheel you look at the testimonies lay people they compare these activities of driving a car i believe was jack warner comb and she operated several paving mood sheens they had they purchased a new machine in two thousand and three it was called the cedar rapids five sixty two asphalt paver and the machine came with a vibra there was a control panel on it that had a seat connected to it buttons all over it and in the steering system with it and depending on what direction the paper was going you'd have to swing the control panel in the right or to the left and in the position of testified that that control panel weighed about sixty pounds and she had a difficult time doing that whenever they were on a straight line paving project for instance on the highway they would have up to a hundred dump truck that would connect to the paper and i need a given day and there was a procedure that had to be followed you hit certain levers buttons and switches when the truck connected take two to three minutes to unload the truck the paper pushed the truck along and then a disconnect and at the time of the disconnect you'd have to go through the same procedure at all times she had to have a one of her hands on the steering wheel because it would go off center and the consul said that this was an excellent piece of equipment she testified that it wasn't an actual piece of equipment and jack horner testified of that was the right and in addition to the fact that if the truck pulls away and it isn't going directly straight it will take the paper with it so that you have to have your hands on the steering wheel at all times and she worked long days am she testified bennett testified and horner testified that the normal work day was nine and a half while the testimony shows that during the worst year of two thousand and five when she first became symptomatic she worked more hours that year than she had any other year she was seasonal work from march until up to about thanksgiving weekend her she was first one on the job there were certain pieces of electronics that she would take from a man's truck and put on the paper too so that it would work each morning she'd feel the truck she'd use a straight edge hoe to chip off any asphalt that might have still been stuck on the because you didn't realize it would bring caused by work in fact if you look at the evidence it was status is that all of the bills from that point forward up until dr connors examination and opinion on causation were being insurance they were being shown that it through workman's comp it was only after the date that dr connor put her on notice that a condition was work related that the bills were submitted through workman's comp and never pa rested her arms over the winter time came back in one went to work in the spring full time became symptomatic again didn't see dr khan i don't think until june of two thousand and six and it wasn't until i think it was july twenty eighth that dr conner said for the first time that this condition was work related at that point in time the bills were no longer submitted through group insurance they were attempted to be sent through workman's comp but never paid it clear that she the manifestation date and i stand corrected i filed this case with an august first of two thousand and five action date and the commission corrected me on that and it was clear from the record that they were right i tried to amend that after hearing the evidence on arbitration but was denied the opportunity just like counsel said i wanted to amend it at that time but the arbitrators i wasn't allowed to but it was amended on review and the commission has the right to do so by the law that we said in our brief that and they were correct in that in that i believe the action to do it was july the twenty eighth and notice was given to the company the following day so notice is not an issue in this case in fact i'm looking at the issues presented for review notices and even raises one of the issues that's before the court here today and they talk about extant causation it temporally totals to build in medical expenses and justice pointed out  her problem he was having one heck of a problem too or he wouldn't put on vibratory gloves in order to operate this machine added to that is the fact there was no lunch break and  counseling the fact that dr fletcher described this job is no more stressful than a housewife who drives an s u v and has to open the hatch back a few times during the day job jack wouldn't totally disagree with the observe the paper he didn't operate the machine he admitted that he had trouble moving the control panel himself he had no idea how the machine would handle when in operation he justified that his examination took twenty to two thousand and eight two years after the fact he tested the machine in a rule area the machine was idling at the time none of this moving the rices were an operation it wasn't in motion and it so i think without question the overwhelming one of the other than shows that the commission was correct in its decision on all issues in this case and i just find certainly was not against the manifest where the thank you thank you mosquitoes with this president it every day's a new day he said when they go to work every day every task it varies and that's what he said he was her witness and we agreed that sense that her task varied job varied rain rain