decision of the arbitrator in this case by hesitate to tell you i lost all the way up you already know that yet we are confident we can obtain the relief we seek care specifically we're asking you don't overturn this decision on two ground a confirmed beenz entirely by the circuit court without a further statements is based upon speculation and conjecture which this court has said time and again cannot stand i say this based upon speculation claimant's credibility that seems to be the theme this morning i mean isn't the commission shared responsibility about weighing the credibility of believability of the witnesses absolutely your honor and if the petitioner could testify to the time of trial that my hand was crushed during this accident that it was smashed that it was caught between this bag and the plane i wouldn't be here today trust me that i do it's going nowhere that's not his testimony he says the bags for fee i'm sorry whose doctor the door is apparently and i have to admit fortunately we did not get an opportunity to present a witness to explain the texas system it's my impression from the testimony that that is a doctor he chose down in texas that he wanted to see it was a chiropractor who apparently did provide some treatment and even discharged them himself but again because three given the back doctor isn't of a smash or a crush and i'm sure while your honor actually i took it to mean just the opposite if i'm snatching my hand out from underneath i value our it's following and i got it out of the way before it caught my hand between here and the table or the ground the sick ace maybe then we also get to the manifest weight though because there are multiple doctors here it's not just one no doubt her his testimony there are multiple doctors where he's given this history and it never states it was crushed or anything we do see given history  dr carroll states that assuming the facts are correct that he in fact sustained a crush injury it may well cause this compression which same contributed to this trigger finger condition argument t t v where it's been all the time of causation right the the commission for the found the petitioner was temporarily totally disabled from august second through the date of the hearing in october august second two thousand says this gentleman is that maximum medical improvement he's completely the petitioner that time does not see another doctor for this condition the world wear off that he testified to or that we have records for until he sees dr and we have a subsequent indication that there may be a condition which needs a little more treatment he was already placed it on my mind because his stated time and again that once a person reaches maximum medical improvement there are no longer entitle the temporary disability benefits the petition was supposed to go for an f c e and never did he was also i'd like you to keep in mind seen by the doctors in this time between the time of august second two thousand seven and the time he sees dr carroll the trigger finger is not over we complex condition to treat i guess if need be and the fact that he's seeing a doctor by his own admission for these three to four months he's under some causation when we have this huge play out bit and no one treating or god willing to let me shoot first would you agree that one of the issues we look to is to whether or not somebody is reached and that night is whether or not the person is released to return to work without restrictions that anybody here ever released the claimant to return to work for the history no because he didn't go for the cd rom and whether it's it while i will admit it is a factor it is not determin i don't believe and i don't think this court has said that oh rather not someone's at maximum medical improvement the fact that there are a number of people who are permanently restricted in their work or who are restricted in their work would reach maximum medical improvement there's no further medical care it's going to improve their condition it is what it is the time the big issue as to whether he could return to work or not also come whether he ever went for this s c or should have gone for the mere fact that sustained an injury for which he was restricted from work for that period of t t a t that was awarded and was in need of future medical treatment in the form of injections to treat his flexor tennis  it's a well taken point that as early as june fifteenth two thousand and seven but this particular claim it was also diagnosed with a crush injury with resulting lexer ten a side of us before any litigation started taking place in illinois when he still treating with his doctor in texas to testimony was that a bag fell on his hand from a height of four feet in the record it's clear this bag was one hundred six pounds by the estimate of the claimant and i think anyone that could look at this authorized to see any doctor of any kind there is an explicit letter from the claims adjuster in the record that i pointed to my brief explicitly denying any and all medical treatment in any temperate all disability benefits because this should work or opted to this gentlemen medical care and in response to that several motions were filed the mission was whatever step of the way trying to get this gentleman additional medical care regardless of the confusion it does not have anything to do  because the argument has been made to this corps that there is such a long period of time this gentleman should have been he was seeing a doctor should have been finding some way to treat that hand to get back to work as what has been argued to this court when all along this respondent was denying that and treatments pacifically in writing for the reasons i've laid out because this is another manifest wait case this court should affirmative dobs the decision of quickly on us on the issue of whether or not he was authorized it bet's a state of texas form of it apparently the texas workers compensation commission must require he'd sit here and say that the company denied him all here in all treatment that entire time was outside his record titian's were filed the fact that petitioners attorney failed to proceed on them it is is something of his choosing or his do not i don't think you need to worry about being let into th