mental injury benefits stemming from four separate incidents occurring roughly over a two month period out of which involved his interactions with unruly teenagers i'd like to focus on two arguments today the first is that comes out of this metal injury almost exactly a year ago i appeared before this court in the chin skates another mental injury case involving the c t a in that case the cleaning percentage a single traumatic work related incident and this court determined that that injury was compensable however this court also held in thames that when some men when a mental injury occurs over time and in the normal course of the employment relationship it is not and he did not show that he was subjected to greater stressors either then our other employees in general or as related to other city of us operators where this is not she is me the standard is you don't compare him to other bus operators you compare him to the public in general we specifically decided that issue india's which nobody cited there was a police officer and we said you know you don't compare to other police officers you compare to the public in general in determining whether or not he's had the kind of  do here was he could have easily introduced evidence saying that this is typical for a city bus operator or it's not typical for a city bus operator or he could have even asked growing in the transportation manager who testified here whether or not this type of  place as this court has applied that standard not only in this cases the board of ed cases the north a suburban case the matlock case as well as the runnion case which is the only case cited by this court by the commission  decision in all of those cases the court compared the claimant to others who had the same or similar positions it did not compare the claimant to our employees and the city is arguing here that the comparison should have been record recording and make her there are some certainly there are some neighbors in the city that are worse than others and some neighbors in the city there are better than others but his was not the only neighborhood that might have presented problems and certainly problems can occur  prepare for a mental mental claim the claimant has to prove that he or she suffered a severe sudden emotional shot traceable to a definite time place of cause which causes psychological injury or harm so are these standard runyan applies when there's a more gradually occurring trigger there are four triggers here and also in the psychological injuries occur also gradually which is also the case in the runnion context so this is not a pathfinder case this is a running case we do not disagree with the commission on that issue ok if i wanted to find the commission's decision the arbitrator's decision and the order on review by the supreme court where would i  do so how do we know if you dish will notice of these things or how do we know all that a couple things first of all he testified that he had been driving a bus for two years prior to the onset of these issues what happened was his garage had shut down he transferred to a different raj as it turned out there and to be ended up being sort of a racial element to this the end up in a predominantly african american garage going through african american neighborhoods mr gordon c t a manager testified that of the six or seven hundred drivers out of that only five to ten were not african american and so as mr gonzalez testified literally from the day he started these routes he was subject to racial racially tenuous threats you know insults that sort of thing the the subject of this and had no incident he said in that regard he was basically living the life of a normal bus driver up until the routes which once the route swished basically for lack of a better term all hell broke loose and a everett but he didn't and he didn't because he couldn't because it's not true but everybody knows you know you don't check your common sense of the door in these cases and you have this guy driving through inglewood where there's five five police cars stationed outside of a high three incidents that occurred on the boss or in the immediate vicinity of the bus you could put those in one category or involve the climate receiving a letter indicating that he would need to testify in court that was found to be a compound civil psychological injury is not right but i believe it was at the arbitration level i'm not sure at the q as counsel pointed out the commission sort of changed the standard so i can't say that the commission specifically found that inside to be to be compatible with the sort of sudden and shocking manner under half under but my initial argument was that all four of these incidents if you took them by themselves put a prostitute subject shocking events the case was compensable both under the gradual theory and under the fact that each specific incident constituted a sudden shocking event so you could argue either way that was essentially what it was well putting an outliner aside period over this period of time correct and it's not it's not as gradual i don't believe his counsel suggest that everything is tight at the start of this new route this entire world was turned over once he started this new route and it wasn't just these four incidents as he testified these things were happening to him every day these particular incidents he just happened ahead safe meant but none of us and so we had video of them but he was subject to these threats and these times in these you know everything else described in the brief every day from the record that the change was never meant to be permanent and i believe manager gordon's has but by under the union rules he's not allowed to make some sort of a permanent change after he's made a pick and so i think  to try to accommodate the change versus a small period of time it was understood between both about the change was resident ever going to be and couldn't be permanent the other issue is that he was not making the same amount of money he was making when he was writing initially i think a couple of hours there each day that he wasn't paid for and that had something to do with the unit was frankly i don't know but he wasn't being paid the same amount of manager gordon admitted that in the presence of a nation and anybody got the commissions fighting in your reply i would like you just the three points made by opposing counsel first of all he testified they can solace had a prior out in that he didn't have any other bad experiences on that route and mean and really t is anything along those lines that does not show what other c t bus operators experience that only shows what he himself experience so that that does not in any way comply with the running standard with you compared to either all employees or our other bus operators second as to this issue of whether or not the transportation manager testified she whether or not this route was worse or better than the other routes in footnote seven as in the reply brief i specifically point out that the transportation manager was not asked the question about whether or not these conditions were normal for c t a bus operators if he had and if it answered in a certain way then of course the claimant could have relied on information but he did not provide that information at all finally that he was subjected to racial taunts and threats nearly every day but as also was pointed out in our brief he did not support that with any records cite nor did he mention that in any of the reports that he dug out after the four separate inciden