appeal so i would suggest that it is standard i first want to talk a little bit about the job duties that gave rise to the cause of action and why at the commission's decision is supported by the facts in the record on my client worked as a material handler meant for six and a half years he was a forklift operator material handler moving boxes of tires that he testified he was on his work with about ninety five percent of the day which would require him to  look approximately twenty five feet to determine where he would place the boxes he testified it was about a forty five degree angle that his neck would be extended to and he testified that he performed these not moving procedures approximately one hundred forty to two hundred times for shaft he worked a minimum of eight hours a day he was the winner of the most over time at least two years so there was a tons of overtime that supported by accident this was really a repetitive trauma that came to fruition on a particular date september tenth two thousand and seven when the petitioner actually tracked out due to pain and book cover just before running his forthwith into a box of tires he reported immediately to a supervisor inside and mediate medical treatment on his own the matter called chronology is laid out in both briefs i'm not going to get into that but there were several doctors involved expensive examine him he found no reason why he would not return to work in the commission except a bit correct while the date of your honor but dr bernstein also a pine in both of his reports that no accident ever happened which is inconsistent with the commission's other finding  yes he can work i can't see him he's physically capable of working there's no reason why he can't perform full good what difference does it make whether we believe the guy ever had an injury we're concerned about the d not not it's right to take the right and my argument is that bernstein is in direct contact with all the other medical providers including those that the commission accepted with respect to the other issues and i understand that it's more an issue of being consistent with the other findings out of the commission adopting dr barfield who's that as this is his diagnosis that my facial pain syndrome and spasm and that he needs additional treatment for  opinion that no accident ever occur if he said i think he had a cervical strain at that time but i think it had been resolved by this time i think my money would have been much better arguments but he's saying he never got hurt nothing ever happened there's nothing wrong with him so obviously he can work full duty that interact counter that is against the man as weight of the evidence i've every other doctor that's involved here which is a list of about seven particularly dr barfield with the commission  weeps isn't it up to the commission to decide if that's a sufficient time is sufficient foundation yes you are and i understand i'm not arguing medical credibility i'm more arguing that this is not consistent with the other findings he could your honor and a pencil was the problem and i think that that would be a much better argument for my and worse for my opponent if he had found if he either didn't know kind of an accident and said you know maybe this guy had some type of in three he's now ok as  really provided no guidance as to why they found they decided to cut one little opinion out of bernstein's report and input that into their decision and my submission to the court is that that one little issue that they exaggeration consistent with the treating physicians of dr c said case who says he cannot connect to discuss the symptoms or disconnected from the condition it will be so two doctors but i believe that that goes more to cause a connection in potential perspective my poll and it does to the issue of whether or not he's you know able to work  work and i would just like to point out that none of the higher treating doctors ever called the petitioner a symptom magnifier the only doctor who brings that up is respondents and i amy and i would i guess and submit to the