good morning my name is john wilson i'm from model law firm of noble associates we represent harrah's casino in this case  credible evidence in this case mcilroy could have an accident on eleven twenty one of six she was injured in that incident and she was off work  was off work for approximately sixteen days in the amber and december of two thousand and one and sixteen days of teaching the benefits were paid to her she received medical treatment in this case she received medical treatment in this case for her left knee from november twenty sixth two thousand and one to june twentieth two thousand and two this medical treatment was provided by dr daley who diagnosed her with a left knee sprain this is was one of the right in question then the question is of cause the connection in this case and then overriding question overriding question is she was basically found to be returned to work some time in the february twenty sixth  and says that i would expect she had any pain i would expect this i would expect that during that intervening time it just didn't happen that's not true because speculation and conjecture which was wide upon by the commission just isn't borne out by the facts in this case in i'm a diabetic my doctor told me to start walking with more move around more and over time and you know my knees started hurting so this it's not just the job it's also walking from walking from your great diabetes yeah that's when you 's no connection in this case no causal connection between two reasons why she said this increase in pain or we knew currents of pain in two thousand and four and her job duties and injury from harrah's casino she was doubt that she was case not an old one but a new one and that's the same situation we have here there's not a there's not a new injury but there's not an intruder rising that occurred from her her injuries  no causal connection before the opinion on throughout the entire time but the way to switching to what if he was overused i'm not switching now to over yours i'm just pointing out that dr durban's dr durkin's opinion is not based on the we don't know why it recurs it just because of the blow the other hand he gave her the other statement he made is that she doesn't have to have a fracture she has to have over yours and yours and she admitted the over use once she came to court and like there was an increase in walking while she was up an arrow but then she also says no that's not no not totally she was yes was it because you were the canary and she goes no not totally because i had walked i'm diabetic i had to start walking increase in the pain that's right she doesn't attribute this to her injury from her she doesn't attribute this to rec center from para she tributes to increase in the pain and states quite clearly the reason why i want to go see dr burke on this because i if you look at the intervening cause case law i think i had to go back to the civil court to find out you know what are we had a disruption of the proximate cause presentation by a plaintiff we have to have an efficient intervening cause it has to be the sole cause of the present condition and need for treatment we have a person who's engaged in daily activities of simply walking and as you can tell she was pretty sedentary before she started walking a little more moving around a little more when her pain started coming back are increasing i don't accurately that all started with errors accident and by the time she was released the demo my see there was an eighty percent improvement i think in the storing of the v m oh but that's a twenty percent deficit still we still have some now tracking and why she was  was getting pain treatment presumably including medication that might mask some of the ongoing pain and if she's able to live with it she's happy therapy they actually did improve her capacity for work you know her ability to get well so maybe she felt she should just live with it at that point then when she gets up and starts walking and doing daily activities you know she's not doing anything unusual she's not running marathons and the pain starts increasing again well it's all coming back on has this well tracking to tell according to the doctor that's why he causally related t job she was a supervisor of three different restaurant food providers at harrah's has casino enjoy god she was between all three of those she was walking to the kitchen i believe when she tripped and this water that was on the floor in the original accident she didn't have a sedentary job she was walking the whole time entire time none of this all of this reflects on the fact that she did not have any intervening problems intervening accident interview the pain compliance when she complete she was not getting treatment from that she was she was not true before her left knee she was not true for any condition that arose from this particular incident she was god treating with this incident the increase in walking apparently came when she started off with her over time and then with her additional walking for her recreational or diabetes diabetic exercise and and  and she underwent some kind of physical therapy which was stimulation to that left knee and some physical therapy during that time although it was really gone into i would submit their you really don't have you know kids