need please the court my name is pete sink and i represent the respondent employer giving the son is really asking the question and making the statement that it makes a difference in this case as to whether the claimant alleged a repetitive stress injury or each specific accident and determination of back question in correct so if the commission then finds that this is a repetitive stress case they're finding has to be against a manifest rid of the evidence because the claimant himself is saying if anything else is said in terms of records they're incorrect  doctor's visit and it states right at the mo how record a p i is laying off the entire second shift at the end of this week so there's clear evidence in the record that mr richards knew he was leaving his job there's also clear evidence that he had just started their job seven weeks before but if we're going to look at this as repetitive stress and we have to look at what the courts have always held in two years of repetitive stress it should remain be repetitive enough with force claimant testified the scaffolds which led to him pulling his body apart were only removed a week before so is this court then going to hold that it only takes a week of repetitive duties to create a claim out of it how then do we get that out of it when we know that in order to get to the shoulder elbow it has to be repetitive stress and we did the job for a week beforehand with no scaffolding there in mind the rop back question answers how much cheated he gets paid what medical gets paid whether it's even reasonable and necessary related to have a shoulder surgery a year and ten months later very unlike the rub here i'm not suggesting that he wouldn't of aggravated preexisting condition that he didn't do repetitive work i'm not suggesting any of that i'm suggesting that it has to be determined what happened on a day one of it's repetitive stress because otherwise you're punishing the respondent wo used in the testimony of dr fletcher so that is a defense to the responsibility of culpability of this respondent with that the other question has to be answered though as to whether it's a specific event insists whether it's repetitive and if it's repetitive he does not meet the threshold for having done it long enough repetitive not with force enough if it was only one week with no scaffolding and it appears to me burden away from the petitioner and kind of turn it on respond and say respond and somehow expect to share to know the difference between a repetitive stress or a specific incident and you're right we do between consultation with his doctors and his lawyers absolutely because we get the right kind of watch to enter a defense case and in this particular case we want years we're trying to figure out what is the accident if we would love to have seen in the commission's decision instead of where they wrote it is for the work of the commission that respondent paid to petitioner some sixty thousand seven hundred dollars or forty cents or rather have say responded to transfer of for any and all  not here in the alternative if you find that there is an accident we are asking that you determine what type of an accident there was whether it was a specific trauma or repetitive motion because we believe that will guide your judgment has talked about and the medical providers have documented the use of the wire cutters cutting the mesh in the opening of the mash onto the power plant of the insulation around the five the fact that there's a job was coming to an and the workers were getting this site ready to start the cumulative effect and there can be a specific incident that caused the manifestation even though the condition was built up over a period of time and i think this is my bag and the other part about you fine let's assume that's correct perfectly logical and that sensation or a pain in my shoulder in my elbow and he didn't say that about his wrists how do we get to an injury which warrants twenty five percent loss of use of the shoulder and five percent loss of use of the elbow in a case records in coming to your decision i thank you very much for your time if there are no questions or no th