is not only the commission with any discretion in gallium the t v this court reversed the decision of the commission on a manifest weight issue so the inquiry into this court then becomes did the three dollars and fifty six cents per hour in the full performance of his duties working a forty hour week or at least scheduled for forty hour week  only certified vocational rehabilitation counseling that ever met with the claimant stated that he could perform a minimum wage job at best if we don't she among other things just the software she testified she personally could earn twenty three seventy three to twenty five so that's correct and then he never got any offers at that range and then she five to twenty five seventy five an hour job a job in a pay raise and she couldn't find one and then she went down to the river range you just stated and she couldn't find one and you go back to the first hearing where the arbitrator pointed out he made six hundred fifty eight job contacts and he only received one interview with that one being the dishwasher job at steak and shake that paid nine dollars to twenty five cents an hour and those testified that she felt that was an appropriate job placement for the claimant as the diamond warren the job placement person out the six hundred and fifty eight job contacts which generated one interview and he didn't go to the interview and that's disputed as to why but the  arbitrator in either side reviewed a decision said well cation rehabilitation has run its course what's happened we started from twenty three to twenty five dot didn't work well we expanded i think i was bowser's were down to the war rate performance means whatever how many hours he's scheduled for and that's forty hours a week so that's why i'm arguing that they to be forty three point fifty six times forty hours both writers of the opinion it's true ok so she wondered no opinion so we don't have a violation the question is can a certified rehabilitation counselor employing non certified people to conduct reports conduct surveys wen client should somebody say that the work practice law without a license because you were lying on their research i wouldn't think so that that's a good point but why should a vocational rehabilitation expert's opinion be attacked merely because non certified people did the reports upon which they base their opinions there's going to your analogies section eighty of the axes they still have appropriate certification  once a week shot such as a meeting sure after the fact so i mean it occurs to me that these people are nothing more than researchers are not the ones doing the counseling and they're not the ones rendering the opinions and it's really bo then you're relying on the steak n shake job that he never worked he wasn't ever hired for that job because he refused interviews yes there that's correct but i would and then the commission site that is to reason i mean they sound to the score counsel john for so long we have to be employer prefer to like the construction of our position in this case is that the commission is the finder of fact was entitled to draw inferences from the facts and make determinations and that this court's role because you sent him to go to an interview which by the way he didn't go to because you sent it to him does that mean that that would have been an appropriate placement for sure it would have been an appropriate placement but that was not the limit of what his earnings could have been the only way you could determine what the limit of his earnings would have been would be if he would have given a full and complete effort in his vocational process and not had his benefits terminated as a result of giving a sham effort that was what the first hearing as much as mr smart would like to say that's not what arbitrator kidman decided to decide me didn't she rinder opinion of the what this man was capable of earning even though he didn't cooperate all once twenty five dollars an hour another time fourteen dollars an hour which she what she testified to specifically is that she did a labor market survey and when she did two different labor market surveys she found a range of wages of different employers that were representative employers in the market it in which he could potentially be what it means is that when there's evidence in the record that says this job is suitable for him he could do this job based upon his physical restrictions and pay these x number of dollars they've now established the bottom number be only zero the top down to quibble with you on the evidence it's in the record and the evidence that the commission accepted and the evidence that the commission was entitled to accept was testimony from julie bove was that his lack of full precluded the ability to determine appropriate measuring wage that it would be impossible to determine the we pay he would be capable of earning if he did not perform a complete and unbiased and  he didn't give a complete effort in which would have allowed him to present credible evidence of what the wage would have been that he would have been capable of earning otherwise i mean you're gaming the system otherwise but frankly where does it end i mean will allow a claimant to miss one interview or five interview or ten interviews and they go through the motions and they you know my my expert says i'd like to get minimum wage that's sufficient are we really saying that you know positions like estimator builder electrical material order or with a surprise house and that he could anticipate a wage of approximately twenty three seventy three to twenty five seventy three an hour offered employment in the expansion of his job search was appropriate she then meant to conduct a second labor survey in june of two thousand and eleven to do the expanding job search she me your honor of the jobs that were identified specifically in the labor market survey which she also testified is not representative of the entire market which she also testified included employers who had other jobs that she was not able to determin under your theory on or if you do a labor market survey or a folk representative does a labor market survey and finds a job in twenty five and finds another job at eleven twenty five which number what's her opinion is it a twenty five  that she gave an opinion as to what he was able learning you can't the night she gave me twice she gave an opinion to her exact opinion your honor and if you read the testimony in the totality which i would  says it would be impossible to accurately determine the weight she could potentially be earning because he did not participate in good faith on the job and the arbitrator determined that made that specific determined should one problem she  still stuck with her opinion and she's your expert and he didn't want her to testify it will return if you truly are not she dated twenty three seventy three to twenty five seventy three revised to fourteen thirteen to sixteen thirty suitable employment whether he did it didn't do it went for it or didn't go for it the question is is there enough evidence in the record who will stand with what he's evil to earn a suitable employment if the numbers that you're citing on with all due respect are from a labor market server where she identified that there are potentially employers out there that pay these rates to a qualified individual that's not an opinion that mr cooper specifically w he is a candidate for that i agree with that but as to what his wage would have been or could have been or her opinion as to what inappropriate what a quote measuring wage would be for him she deemed and her opinion was bono's specifically testified on record on appeal pages twelve sixty one to twelve sixty two that mr cooper was confined for march tenth two i'm sorry august ten two thousand and two march twenty ninth two thousand and eleven and that's when the steak n shake business begins and it's during that period of time that she was trying to place him and the twenty three dollars an hour jobs and even the fourteen and fifteen hour jobs at the end of the day the only interview that she found for him the only job which she said was an appropriate place to meet for him a specific job with