the plaintiff opponent in this case william march or this is a manifest weak case your honour's arm your interest in it this is a vocational rehabilitation case whether th entitled to vocational rehabilitation i don't believe that issue if we look at the national tea case i think it's fairly clear and established that the of the opinion the cheap did when she was totally unaware of the actual studies that nursing is one of the high list are one of the occupation that contributes the highest to back injuries judge i believe and i understand that judge and that's my that's actually my position my position is that and unfortunately some of us as they had occasion to deal with the nurses iranians and the tab the nurses and the positions they're not the as surgical a certified surgical technician but there it is there is evidence in the record for morrison there that he's not suitable for their for their occupation that that means that he did that he couldn't be a nurse because that's a medium physical demand position will judge very important that his classification is now that it isn't that a mechanic jiffy lube mechanic this is somewhere we would take a look at that my client it was a master mechanic he dealt with hundreds of pounds overweight on a regular basis and when he went back to work after e a disaster and trying to get back into what he was doing a couple of the first jobs that they pushed a man were changing engines and you were talking about hundreds of dollars or wait here that this man is dealing with  basis to get work at the in the dictionary evacuation of titles that shows mechanics and it shows the master mechanic positions and the rules of the master mechanic positions there are just bring those in and they put the patient in those and they lift those out and they would have that they would be having back injuries left and right of the reasons but it actually i'm only concerned about what's in the record on if she denies knowledge administration report which indicates nurses were injured six times more frequently than any other occupational group not it's the commission's job to determine there are just all kinds of things even that the medical records you know what the nature of his injury was again no one his surgery was on he didn't know what is restrictions wrong on the medical records he got it got from me and he said that in his you're giving her credit for right now i think there's a lot more room there i think there is she did a lot more study and i want to point out also that that the mr rudd sure didn't do this blindly didn't do it's on its own he s counseling from from his neighbors that were involved with the school he didn't know what he was going to do to be places employment and this is a man that made one hundred thousand dollars a year and they were telling them to take a job for thirty or thirty five thousand dollars that get her to the pre injury status and i think one of the things that the national team case of that can't be added fast rule we can't be required to put everybody back in exactly the position they were at before they were injured but  probably what it what they chase does say is that it says we have to look at the circumstances of every tourney someone what i'm saying to his core he says please look at the circumstances of this case because we have a man  put them as close to their position as possible if you put them in a service writer position i mean it would be easy for him to just said ok fine i'll go to work as a service writer and i'll get my wage benefits so when it's going to be back if it goes back to the commission he's going to get the opportunity the other ways differential and then he's going to be made home immediately to do exactly what the  are in this position is that what they're whether the employer in this case is is forcing terrible accept a service for your position and take a significant loss on the pay that he was running and now proceed to go through the schooling program go through the nursing program which is going to make  whether the finding of the commission is choosing to procreation rehabilitation was not suitable for him and that's one of those cases about we didn't totally deny him vocational rehabilitate only denied  vocational rehabilitation he wanted which was nursing but he said it wasn't suitable whether it is or was not soon is a fact question morrison said it wasn't and said it was the commission one along with mor the reasons i know he gave reasons as a member of the reasons the counselors the counselors at the school program they accepted them into their program they tested them there was a reason why enters the nursing position listed is listed as a medium physical demand level position you have see found that the petitioner the plaintiff in this case was capable of doing medium physical demand level work and also noted that the job that he was doing before we was wording on hundred thousand dollars was a very heavy physical demand they were japanese could not go back to it so we could go to wonder sing program within a medium physical to me he's not looking to be a certified nurse's assistant he's not looking to be a little girl and nursing position where they may be with patients where they may do hav duty labor and i think that that's probably where we're some of those statistics are coming for the nurses that are having back injuries during those nurses that are ron a level where they deal hand in hand with the patients day in and day out my client went into a surgical on the assistant position nursing position and you know i want to also say that i think one of the reasons why the commission just said you know it wasn't appropriate that was an approach he was in total of vocational rehabilitation but to what extent and i think what they said and i really believe that what they were saying was that the cost of going through a four year nursing program and the cost of paying this man over the years to go through that program wasn't reasonable but what i wanted to make sure that i the point that i wanted to make was that the waves differential would be like nine hundred dollars a week and the difference between that and what they would pay him for maintenance would be like three hundred dollars three hundred dollars a week and the nursing program this isn't a four year and be eight degrees that we're looking at here it's a it's a nursing program and the cost of it is going to be it is in there around twenty thousand dollars i believe this order came up there so i mean i hated that it was a reasonable vocational program that he underwent i think he got himself back to where he was pre injury and i hope that's why he did what he did and why he pursued it and i agree with the arbitrator initially heard th easy's he's going to be completing a very soon and he's going to be employed