guides it into place where it needs to go in the footings of these when the holes that you'll see around the countryside in illinois who stays in the process of doing that he describes that his coworker drop his and leaving him with the brunt of this as they were trying to sustained anything more than a symptomatic exacerbation of his condition on that day now when you read that the last page of every trader's decision when i read it i said well we did win and then you have a traitor has preexisting condition and that's absolutely contrary to the well established law and illinois and my belief and i won't go through what you've read it says sparrow seems to be the theme of the morning but isn't there an issue of credibility determination here i mean isn't it a fair reading of the arbitrator of the commission's decisions that they found whatever reason that the claimant like credibility there was the been consistent histories did one tiny tell one of the doctors you' the dates he didn't know what he filmed did you tell him this on the state sure if that's what it sounds i don't know what i told him there's elsewhere on the record there's a lot of evidence that the pressure isn't the sharpest knife in the drawer and i don't mean to say speak ill of my client but respondants witness said you know i had no problem with this job physically just he wasn't very astute it doctor mcgregor talks about it in her deposition dr shay says you know he was a pretty straightforward guy out if you look at the medical record ignore the fact that you know you have this who's on first exchange about whether he went to the emergency room four times between the two dates that we know he went there and there's no evidence that he did there's just this extraneous mention in the emergency room or mattered not to say talks about it and says you know that's the i'm with electronic charts one erroneous entry gets perpetuated throughout the charts and so that's why i keep a written record you know in my practice goes through as you say a detailed analysis of it but he's also jumping all over the petitioners credibility doesn't recognize the fact and makes a comment about the fact that his own psychotropic medication i'm not sure what that relevance that has other than the fact that dr shafer and his testimony but that could have an impact on tisha hours after act could that explain why he was so confused at the time of arbitration about what symptoms he had after each of his mind he says i work on the job i have a lot of bumps and bruises a lot of these jobs i work on as an ironworker they have a no accident policy we've got to have thirty days without an accent and everybody gets prizes etc so i don't report everything and after this accident that we're here about oh and he's denying any prior injuries but he's describing want to month earlier how does that make sense he goes to see a doctor shay respondents i meet doctor and he asks him have you ever had any prior injuries he said no none that i've it you know there's a disconnect there and i don't think it's a polish and by that time we know what their defenses he knows what their defenses i mean if he's trying to fabricate something he cleans up his history by that point but no he goes in and tells the honest to god truth as he understands it the point is you know yes there are some there are some gaps in his testimony but look at the medical records and the circumstantial evidence and march he goes into the hospital at upgrade he says he thought he had symptoms radiating down the arm those records don't reflect that and may when he goes and after an incident on another employer he has some neck pain some nothing down the on he is working it works at the finish is out this job and may heavy duty iron work goes to this even heavier duty work with the respondent in this case is working at that respondents own witness their superintendent says he was after the incident he was not able to do it number one i mean that's that's in the medical records that's in the witnesses testimony ok so let's leave aside for a crust for a moment right petitioner testified to but you and you have both doctors saying if he was able to do that work before then and rose i'm able to afterwards when they were both given dr shame and dr mcgregor a hypothetical which included these prior incidents even though they didn't at the time of their visits with  consistencies the evidence your position is the chain of events or there's that also though your honor i think we have a true mess applied to law and her statement and her findings she says he proved no more than a cisco that's all we have to prove we don't have to prove this event and sit in on june second was the sole i was the primary cause of his symptoms but you know the fact of the matter is the symptoms for which he's treating after that date are symptoms of cervical ridiculous but he has got numbness and tangling in his fingers which he did not have prior to june second there's no evidence in the record that he had sent those symptoms those are the ones that were the basis for both d mcgregor and dr shay suggesting he not go back to iron work before that date he was doing it and nobody had any complaints about his problem so the fact of the matter is on that date something happened that they provide him with light duty i'm not clear from the average traders decision whether she said that there is an accident but it's not causal connection there i wouldn't you know elsewhere it could be suggested in her decision that she says well there's no  is just what he had symptoms but they're consistent with this preexisting condition again that's wrong too that's that's against the manifest wait there's no evidence that these symptoms could have been just come on you know around that date his history at the hospital when he gets there is consistent with what he testified to that you know i was picking up this bar i had a picture lifting something at work and i had these symptoms and he differentiates the symptoms so sure one of his coworkers to testify the bogus he was having symptoms and that's consistent with trying to do i work with a bad back and his bad neck can be explained believe by the event where he was carrying an i b m and fell in may of two thousand and seven but he says that's not an injury because i didn't report it injury working davis j d steele the arbitrator's decision saying that he had some nothing more than a symptomatic exacerbation doesn't mean that there's a new standard of proof that the arbitrator also finds it that the petitioners histories are inconsistent testimony was confusing he may have had some symptoms of work that day but is consistent with his preexisting condition of the cervical spine the doctors confirmed on cross examination that following with an i beam on your on your shoulder can also  named tell me about the first injury early because other injuries and when he first testified on direct examination he testified about going to a st patrick's day parade going to the hospital for treatment for his neck and shoulder then and said that i had pain going down my arm and never went away so the symptoms had been there for quite a long time the other three did not find incredible there's a there's plenty of reasons not the kind of credible because he hates us histories he went in time and again and told doctors i never had an injury i don't know if he went to the four or five you know the march of march visit to the hospital may have as a you know could this incident in june of aggravated preexisting condition yes the other thing i wanted to point out you know in terms of this may of those that to me this march visit to the that he testified that he thought he had neck pain and then was at it i mean he has no reason in fact if you trying to lie he would have said no i didn't have neck pain even though he might and he doesn't remember so to say that this guy i mean there's a mention him having tested positive six days after this event cocaine there's no evidence that he was the guy that had anything to do with this accident you know so cheer speculation and you know wild speculation to testimonies point to the fact that something happened to this guy that changed his condition made him i'm able to do iron work on that day i wish i had all my clients were better historians and you know thought better you know i mean remembered events but they don't have all