morning your honour's council champ kalka here on behalf of the claimant joseph had a subsequent to the arbitrator's decision but prior to the commission decision the illinois supreme court came out with their decision in interstate scaffolding the holding in that case was that we're claiming seats temporary total disability benefits the dispositive inquiry is whether the claimants condition h stabilized in other words had the claimant reach maximum medical improvement that standard was pointed out to the commission in argument because mission issued its decision but did not take the majority opinion did not take that holding into a combat holding into account instead with the commission stated was the primary issue in this case is whether or not petitioner was laid off by respondent on february twenty sixth of two thousand and nine or whether attritional requested a voluntary layoff on that day and pursuant to the interstate scaffolding decision that is not the proper standard that the commission should have security disability benefits and the argument there was well if you're gaining such a security disability benefits you voluntarily removed yourself from the labor force in granite city somewhat different the police officer goes back to work they accommodate his light duty restrictions and he'll let us at that point to take his disability pension he removes himself from the labor force but now what the court said with the supreme court said interstate scaffolding was in those two cases it wasn't the voluntariness of the withdraw from the labor force that matter the question was still had the claimants condition stabilised and they indicate that the decision for proper inch meant gale and granite city for that reason not because of the voluntary unless you don't look at the voluntariness of the withdraw that specifically stated in the interstate scaffolding decision that that may be true in theory but the problem is we're giving off the horse because that's not this case he's on his light duty restrictions were never honored at any point during the course of his employment that's what makes this case different and that was going to be my next point in this case the commission specifically found he had not reached maximum medical improvement his condition had not stabilized the order prospect of medical care in the form of additional treatment to the shoulder and additional treatment to the ankle so we have that issue out of the way the conditions are not stabilized but let's go to the were those restrictions ever on or the the the man was in charge of the entire project thomas cromwell said that yeah when you merge and william roff offered the claimant light duty work after his february fourteenth appointment ok so that's our starting point it was burgess it was burgess job in ross job to give him light duty work so what does byrd say urges the next level down on the command words that i didn't do anything personally person in charge of providing the light duty job didn't even know about the light duty until the day before the a layoff took place so what was declaiming doing during that child was he working with them in light duty capacity no how do we know that because of the claimant's testimony but let's forget his testimony let's just look at the testimony of birch and rauf dirge testified that he didn't work on the same floors to claim it but he's still working and he saw him doing work rushing walls so i asked her if his restrictions were no prolonged standing and no working above chest level wouldn't that violate his restrictions drudging lee he answered yes i guess it would same with roth roth said that his job was doing roughly willful walls and doing his duty and he saw him doing more or less his regular activit testify he's been on the short end of that if you get laid off after forty five days you go to the bottom of the seniority list and what that meant for him was he'd wait almost two years to get another job what he position to have talked to me talk to karl thomas and have that conversation berge willing berge admitted that he was not the first person who was asked about the layoff he didn't have that conversation with birgit was karl thomas and but burgess did knowledge that he hired him he knew that the hired it was january twenty seventh he certainly knew that the gentleman had at least twenty five more days and he said that he contradicted himself first he said if you ask for a layoff that's a median boom you're gone that's the first thing he said but then just a page or two later in the transcript he says well yes these electricians do ask for the saw all the time there's nothing unusual about five days so when he didn't say let me off the forty fourth day well but but left the kind of sad only an idiot would ask to walk off the job at that point you certainly getting more money being paid union scale than you would ever get through unemployment these restrictions which they were to comedy but but but where does the overall layoff come if it's a voluntary layoff shouldn't the claimant have any say over when the layoff occurs well who had to say it's in the lay the claimant off that day why quote because if joe doesn't want to work for me i don't want him to be there that's not a voluntary layoff that's a personal issue were a man for whatever reason internalizes this alleged quest for a layoff and says do it now if he doesn't want to be here get him out of here that's not a voluntary layoff it's voluntary if it's under the circumstances the claimant asked for number one accommodate my restrictions but number two if you're not going to accommodate them please have the decency to let me go within forty two says he wouldn't come he does restrictions but they didn't a standing and no overhead work and feb eighteenth he's given a full duty release he has no restrictions he works for a week with no restrictions on february the twenty fifth he comes the roughing it sad that work did not require a later time and did not require nailing the work that this man was assigned was doing as of the date he came in and requested a layoff is within the restrictions conversation specifically with him there are no conditions there are no let me up but only if i lay off when i get close to forty five or if i'm going to be over forty five this monday there are two people that confirmed it specifically then there is the actual layoffs like joseph requested layoff that was handed to him mr byrd testified that the only comment mr needle had was i thought i would be tomorrow meaning friday as opposed to a thursday way out there no uproar there's no this isn't right this isn't what i asked for there's no union grievance nothing there's plenty of avenues the overwhelming evidence of towards the commission's finding that this man requested and received a voluntary layoff out the situation the benefits may also be suspended or terminated if the employee refuses were falling within the physical restrictions purse cried by his doctor he specifically say that's not the situation we have here in  to collect forever but he can't quit that is a quick that isn't a living if you walk into a place and you do as you said and say to your boss go jump in the lake i can't stand you will never work for you says the touchstone for the sterling mother the claimants were entitle to t t d was not the golen tearing this of their departure from the workforce but rather whether their conditions had stabilized to the extent they were able to reenter the workforce handles condition had not stabilized that's a commission finding that is the law of the case it has never been subject to appeal by council by respondent they agreed the law of the case is his condition hence stabilize you don't look at the voluntariness all the withdraw from the labor force you may not like it but that's what that's where the interstate scaffolding says  familiar with these conditional requests big problem we get tired of these guys coming up and saying hey lay me off at the forty fourth day they probably don't like it at all and i bet you know mel is the guy who's had it up to here more than anybody and that's why