also on good morning your honour's elizabethtown behalf petitioner angela porter i promise you this case will be much less exciting than the last one which sounds like you've got your work cut out for you witnesses arbitrator hennessy awarded the petitioner and found that the knee injury a rose out of or out of and was closely related to her employment by the commission had a split decision to although you know that is my burden to get up and over here this morning since i've got a heavy burden of against the manifest weight of the evidence i would suggest that they're finding with regard to the prison petition i was in co clearly you know they they seem to talk about this exaggeration that she has with regard to the stretching that occurred but if you look at her testimony i'm she does talk about that day which is the date of the incident of august twenty eighth that she was sworn in in pain she gone through four hours of conditioning on the legs of the with this condition work she did arms one day and upwards trinity one day and lower extremity the you know the following day and then at the end of that four hours she was stretched and said that she felt poppy in her testimony that supported by the testimony that she gave in front of the commission  it's clear that the commission found a shooting in front of the arbitrator it's clear the commission felt that that was exaggerated but the supporting the petitioners testimony is dr buss testimony which states that you know he had been her trigger for nearly a year with regard to the elbow so he has contemporaneous testimony and evidence with regard to her treatment  michael have any testimony either by deposition or in front of the arbitrator that she was stretched by katie that is you know that is her testimony but even if she had worked out with michael that day that at the end of that four hour session katie was the one who would structure the problem is she left the voice message you know at some point in which she said and there was a note on it that i don't know what happened decided well it's a failure of proof because it is exactly exactly on her but i would submit that that testimony with regard to the call is actually a summary of it you know than she state after the labor day weekend that she will not be in because she's still in pain it does not say that she experienced that pain or that that pain was so out of that incident was over the weekend and so when you look at the summation i think that's just an incorrect summation of what the actual phone records state and those strong records are included in in the record i realize the burden is high here i'm in but that i think that in if you look at the totality of the petitioners testimony it is clearly that she experienced pain and this poppy on august twenty eighth she was given ice on that day  him i don't recall that your honor and he did he did do as part of the treatment for this knee he did do an artist scopic procedure and which is correct correct so again my point here is it is a heavy one but i do think if you look at the record in total but we have the treating physician who has been with her for a year he has exposure to her contemporaneous analysis and he really has no sort of self serving interest in this and having you know his his suggested support the circuit court and the commission decision and denying benefits of your honor as i was going to point in the briefs and the justices are to discuss that it's the multiple medical records in this case and this is a unique case because as as background this was a case where it was an gave him correct reaches opinions and basically they said we don't believe history did that and that clearly with the respondent is saying is that they don't believe the history that they gave us the machines and and that finally summaries which i assume you know are submitted to dr bartha and they'll send all the the and it's only in that summation that it is summarized that this occurred over the weekend no the answer is that she actually called over the weekend and so that that is only discuss the a t a i records and so i think your your assumption has to be in that case that she too is saying well you know this this film record which is again summarized in a wet play if you go weapon back and look at