as we indicated getting into this thing one of the principal bases for the fine in the bases that we get from arbitrator lammy or is that  persons the evidence is very clear we're going ploy the use of the respondents search developmental center as such my client under a substantial case walker has no right to need to call these people on the other hand any accuracy is false information in the time he's correct that is true and that was not at the time of this occurrence but in the week before the week before was a big cation week the really from people on the premises he's a maintenance man that he had no such conversation with mr brothers second of rock mr brothers according to the respondents history came forward with this story to rome greg peterson mr brotherson is mister brothers supposedly comes forward to break peterson the head of the company oc at some point and with this story according to mr brothers this note brothers said mr peterson asked for the snow the only thing that is certain is this note no longer exists this another will on the twenty ninth of january mr peterson creates eight typewritten o computer written memorandum summarizing mr brother's story on supposedly based on this handwritten note but all can see the hand written  not all of the facts regarding the creation of this handwritten note that supposedly was the bases by which mr brothers comes forward with this story what really did you require in that regard i'm sorry what relief if you request in that regard why we did not request any relief but we we ate i mean i don't know that there was any new leaf to be requested we pointed these facts out are with falsifying work hours true he was apparently was fired for the work hours situation regarding the week before he was fired on the fourteenth and of january and there is some inference in some of the arguments say he did this thing he had this accident because he knows that he fired which does not make sense i don't think there's any basis in anybody's mind to think he knew he was going to be fired when he got hurt on the fifth of january for that matter on the fourteenth also he had an x ray done which was the first time he was diagnosed with a spinal this thesis which was ultimately the base easier later the doctor i'll say said that he needed  what the records i don't recall much of his or her prior records being in the record and i don't think there was anything of major significance in the record and it's very clear that there was some kind of significant gag pervasion taking place on the event of the first of so you're telling us here that the commission had absolutely no basis to draw an adverse reaction to your client's credibility i e when i don't know i mean how many incidents you have significant your client flynt leave denying any history his doctors records and to dig him what is the significance has to do with anything he said he had no problems with his back wired what is the most the fudge factor believes she comes from building the other building to the building where the accident happens are at some point and she finds out this man is exiting is reporting the accident now at some point in time apparently no of course there's not but she dallas it happened and she said no one of her defenses and no one came forward sol because no one else came up to her about this accident that  always came to create brother's testimony is a little bit troubling in itself brother's testimony in a rises off from the will report to day one twenty nine two thousand and nine after the application for just one of claim is filing likely served on the search at that point in time mr peterson types this report of brothers history and then later he testifies that the report is doctor never even mentioned the work accident alleged work actually in fact he told the doctor that he had an incident at work shuffling after this alleged accident occurred when he never even returned back to work here there's no pundits of evidence here one and only issue was petitioner credible and the arbitrator who was sitting literally two feet from him and watched him testify found that he wasn't the commission agreed in a matter of days and if three three zero sometimes credibility goes beyond what the titian are set and in the case you know the mission case we look at the medical records as well he comes to emergency room and a daily occurrence with objective findings subsequent and the spondylolisthesis was only diagnosed after this event and one how do you know there was an event that's what everybody's saying how do we know it's possible there was no event the event the only thing we can say is he we believe that the records do indicate that there were signs of trauma so every base is in the second paragraph that he gets to say this guy's it's his it's inconsistent under de off just isn't so record for saying the man is not credible is the fact that it's all conceded that he did a bad thing the week before in that he wrote his time in advance ah the role he did was he went and he filled in his time sheets in advance and