memorial hospital and thirty illinois medical records in the trial court well made no direct finding with you with regard to any of these resources off stabat simply found safe works in contempt of court for failure to such authority the commissions authority to issue subpoenas is derived from section sixteen of the illinois workers compensation act in particular the act gives the commission the authority to quote to subpoenas to katie come requiring the production of such books papers records and documents as may be evidence of any matter under inquiry into examine and its inspect the same and such places for premises as may relate to the question in dispute later in the same section statute requires court the ponies applying for such subpoena shelob ask the officer and witness fees provided for in civil action and be in the circuit courts of the state and it's it's reached a point that's my client seeks clarification of its duties and its rights whether it's i'm a provider or a or a actual treatment whether i have it it doesn't dispute that a properly issued subpoena with statutory mileage and statutory travel fees requires the county to appear on the date of hearing well this this is certainly not the first one of these cases we haven't scored and i don't know whether or not there are any going on in other districts of the public or it's obvious that there is some questions out there on the part of medical providers as to what their duties are and how much they charge and so on and so forth position that your obligation to show up before the commissioner get paid twenty dollars and bring the originals how many people do you think you can employ to comply with all this penis that will be not legally just practically all right and that it at some point rather than having multiple cases before the fourth district appellate court maybe people ought to sit down going to rule on the case it's just sitting back and seeing these cases and same stepping back from it and saying you know this is really getting kind of silk here on earth on experience that they feel that a twenty dollars five slash eight dash two zero zero one every private and public health care facility shall upon the request of any patient who has been treated in such health care facility permit copies of such records to be made by him or her of my head trying to decide what the fees were and i guess that he's costly but what was your client attempting to charge but in this case it was only for an i am independent medical examination so the records were very minimal but this has are made for improper purpose and if you will be deemed frivolous where it is not reasonably well grounded in fact and not one to exist in law and if you will be deemed to have been taken for an improper purpose where the primary purpose of the appeal instate yes all hospitals will comply well thank you for that tidbit sure and this case you know just as happened nailed it they're asking you to legislate they're asking you to insert in sect sixteen the medical records and the application that i couldn't agree more people should come together come to the commission hit your lobbyist dr fletcher get your lobbyist bring him to springfield say we have an issue here it needs to be resolved to turn come forward on this with almost identical facts the difference in the whole camp case was that at least in that case dr fleshes defense was that they came to the call they answered the subpoena by bringing the original records to the call the the fact the matter is is that this case this particular case is about whether they whether subpoenas applied to them or not because if you read it i see three justices up here who i know were attorneys before they donned the black robes and i would ask each of you to go back and read the two letters i received from safeword and ask yourself how would you respond to that tell me that those two letters don't say subpoenas don't apply to us let me deal specifically with some of the misrepresentations that have been made by the apple wants in this case number one they said the subpoena of april fourth two thousand and nine demanded and i quote i'm limited copies  subpoenas don't apply to us number two avalon say force was not this was their claim apollon say force was not notified of the hearing on may thirteenth two thousand and nine and therefore quote could not file any response that they were going to look at this and say wait a minute we dropped the ball we didn't comply with the subpoena here's your stuff we're sorry but at each step i am surprised because it keeps going and keeps go despite the difference here they dream have the arguable front as they didn't hold kenya of saying we have at least came to call it produced records they even put it in their briefs in this case that they're only obligation was to appear at the call and bring your original records they said that but yet they didn't do it and our hearing on the content citation they presented not one iota of evidence zero within fourteen days that was the purge condition and then they did so the argument that this court's order was somehow deficient because it didn't provide for the year for a purge condition is is it in fact he said this business about costs so much per page afterthought and you write well you have to do is go back and read those two letters from the from safe words to to realize let's be totally honest you know what this is all about ok what this case is about this is dr fletcher it's again in my twenty five years of experience only dr fletcher is complaining about the fact that section sixteen doesn't provide a remedy for getting disposal any of the various rooms using bailable to the court in a contempt situation and that would include simply wording attorney's fees and cost i think that you're right i think had i you know that would've been interesting i frankly didn't go that far to ask  private germany have to come up and answer these charges so then my entire day coming over here not only writing briefs and everything else in a case where you clearly but centrally admit that you didn't respond to the scene and that you had an obligation to do so whether you want additional fees for records is a completely entirely different matter and has no bearing in this case because i never asked for cops in fact i bought a stamp because i saw this happening want to stand around a laptop if they showed up at the call with their original records i'm going to s intentionally fail to appear you know that there is an appointment somewhere before a commissioner of the workman's compensation and you know you are supposed to be there and you don't go are you saying he had a traffic notice to the firm keefe camp one associate associates and he said he did not i feel the need to extend that courtesy we maintain that it's not in your courtesy it's required notice it's required and set up by the owner of a worker's compensation act and the rules governing practice what what in the what in those rules say that the doctors attorney in another matter has to be notified  specifically row seventy thirty point twenty c outlines the framework for notice for hearings it includes a provision that timely timely  more courtesy in practice the doctor fletcher was willing to give to counsel or the other side yet i feel that that a opponent should be afforded the same