and hearing her first he testified on direct that he was involved in a motor vehicle accident and december eighth two thousand and seven he also made a statement to karen siri that he was not our position is inconsistent statements so in order to is not appear he was forthcoming about the more people accident it is unclear from the record that he actually like for example the transcript of his interview with the response adjuster was not offered in evidence so it is impossible to assess commission held it because a transcript wasn't offered into evidence was impossible assess we decided it was a question and answer transfer it she's mean the statement that he gave was a question and answer transcript recorded statement it was a record question and the answer was that was in the record state right that's correct so isn't it perfectly consistent with that that the arbitrator would say you know it wasn't introduced into evidence so i don't i really don't really know the context of it so i don't know how much weight to give looking at the insurance company see if those insurance records which has pictures of the vehicle after the accident that an injury would have occurred if you also consider the claim of seventy years go ten miles an hour and if you could infer defense inaccurate if you but that's what i can do you like your honor i would ask the opportunity to address that and convince you that it's very important to this point let me go over this he testified he was in an accident i'm cross i asked him did you speak to karen siri he says yes very unequivocal way through and you knew she was sick but she called you to talk to you about the the injury and find out what was going on yes she asked you when you were involved in a motor vehicle accident right i don't remember that well let me show you the transcript i showed in the transcript mr sterling after reading the transcript of that refresh your recollection of the conversation yes and you told her you were in an many testimony that is let me go back to my question ok ok because what you keep saying is that they the arbitrator said said that you didn't impeach him i don't think that's what the arbitrator says ok what it says in the in the arbitration  decision is quote while it does not appear he was forthcoming about the m v a motor vehicle accident it is unclear from the record that he actually lived for example the transcript of his interview with responding to jester was not offered into evidence so it is impossible to assess what weight it should be given the arbitrator saying you had peachy keen but i never heard what exact question was asked of him so it's not not so where is the opposite conclusion clearly apparent even if you have conflicting medical opinion she was knowledge it was an accident the media complains of medical treatment causation opinion where is the error the error is here your hon the mechanism of injury in a motor vehicle accident is more consistent with the injury here now dr butler came up with it independently by looking at the injury he did ok because we have the  saying were you involved in motor motor vehicle accident and right claim it says no correct right during the exam and then yet dr butler proceeds to say this type of injury is more likely caused by motor is number one minority it missed three with one witness mr harris the first thing that ron did the first work day after his accident within forty eight hours is he called  harris i'm not going to be in want today i was in an accident i have one car i'm single i don't have transportation so i'm not made one i'm not be able to come in and secondly the witness or the  run could concoct all of this to have the thing snap going to fall on his head and happen to have somebody watch it while he did it is in my view rather preposterous so they're not i mean you're disputing that the accident accident while that's not really accurate in his accounts and has indicated there is no real information no fact in the rightward that ron sustained any injury in this motor vehicle accident the one that he told his employer about it's in the right word why did not have a driver's license which might explain why you would tell perfect stranger over the phone you would deny that you were driving and that's when the record why didn't you tell the doctor but when you were in a motor viewpoints and i didn't think it did anything to do with it i didn't post offense i had no medical treatment didn't go to the doctor and i wasn't hurting along as you are after this that's disputed actually  record he is a single john with one car that was in the repair shop and that's when he reported to mr harris the monday morning at the saturday accident that's what he told them mr hurst testified that he missed  i'm hoping that the panel will uphold the decisions that have not missed here today so that ron come i would receive the treatment that he needs for an injury which was witnessed and did happen at work and i feedback after three days that's not what the record shows the record shows he was on clear he didn't know what it richard so those are just some final points but again we would ask the court to consider the impeachment i'm sorry the inconsistent inconsistent statement issue and is pivotal in this matter it's pivotal because it shows a lack of credibility left truthfulness it lends credibility to that would not cause a level of damage to that vehicle i would also ask you to consider the act of starting a lawn more record ripping and falling backwards is that a