resulted in the words of permanent partial disability they ranged from an injury to the shoulder which resulted in a thirty percent disability permanent partial disability to the right shoulder but on to the right leg two thousand and one accident there is not one documentary record about one medical record of an injury that was a protective filing on my part in case it turned out to be a substantial injury it turns out it was not a substantial injury there's no over and over again in the record no question but there is no supporting documents is no medical evidence that she ever treated after that and by the way she continued to work from november twenty sixth the first word first two thousand and two when she has testified that in her opinion all of her trip subsequent treatment was from the first four accidental injuries from ninety seven to two thousand not to the november twenty sixth one she placed it all on and such only nine of them even panned out that they were available on top of that she would have earned something like a sixty five or nine dollars an hour in any of those sedentary jobs so there was never really a meeting of the minds eye doctor the nineteenth age of them certainly this woman who was working as an asphalt helper until february first two thousand and two suddenly could do nothing for her she had multiple the her doctor her family doctor her internist and not released today in the form of her and so see if she was so restricted from having to lie down for several hours a day that no there was no stable labor market available for took so long is because there were multiple cases pending there were one thousand each case is pending and then there is also the november twenty sixth two thousand and one case pending and i think it's up to the petitioner to help move those cases along depending on what their theory of the case is going to be have it's a question of fact i think that was touched on a little bit here today and the parties agree that that's the proper standard of review here for you today therefore claims of accident in this matter one until the right shoulder the right in the cervical spine and the  all these claims are previously tried and all of these body parts received permanen disabled is only relevant if we determine that that change in her condition is related to the four previously tried cases as the commission found if it's not then whether she's permanently disabled can work can't work is not even really relevant to the cases that you have before you here today  i think the most important thing here today is that there simply was no medical provided for a very vast majority of time to counter the findings in the holdings of the commission on the last medical record provided at the arbitration hearing was in june of two thousand the next medical record that's provided and the name change hearing isn't dated for two more years and that's the cervical fusion operative report and there is no medical provided to the score leading up to the cervical fusion there simply is a cervical fusion the last the last medical note regarding her cervical spine is in may of two thousand there is a three year gap between the next medical record involving her cervical spine and the other body parts have even larger gaps than he has a four year gap along my spine as it really is numerous the first month are spine records presented in this case for you red herring and not a real accident but she subsequently had surgery as a result anything to be evidence here is a clearly supports the commission's decision that her change if there was a change in condition it's not related to the surgery put a twenty five pounds per minute restriction and said twenty to twenty five occasionally soldiers who were already restrictions on her working to these were no attempts to accommodate those restrictions by her employer with respect to councils talking about a gap she says there were city three year gap i think it's two years from two thousand to two thousand and two and april twenty sixth of two thousand and two there's very clear evidence that she return to the same orthopedic surgeon and they are printed on the same part of her body that she had previously injured in the preserve or tradition accidents not the same basic situation