that was what he was concentrating on at the time to the very bad shoulder pain now he also testifies that during the course of his physical therapy that doctors should order after the shoulder is hip arthritic hip condition were to the point that it was so bad that the ropes and recommends that he had bilateral hip replacement you would expect to see has ongoing muscular skeletal problems and pains back to him so that so they cut him off then but they don't have anything they don't have any expert testimony with or reporting over so it in my opinion and what i think the evidence does show is that i have a lengthy history of treatment and complaints of back pain along with as a result of the accident and that it is all they have justice has identified and that is to take a look at what the commission did and substitute your judgment for the commission's imperfect candor to you i will admit that different people could perhaps look at the evidence here and come to different conclusions but the reality of it is that there is a lot of conflicting medical evidence and the commission did precisely what its mandate is to do and that is to resolve issues involving conflicting evidence and if you look at what dr roxon said if you look at what dr i'll films i know counsel wants to tell you that that's that's his significant factor but it's very significant robson looked at the long m r i from september seventeenth of two thousand and seven he said and the one bar in our eye from that date included some images from the teach well one level which is one of the levels we're dr ali says later on there's a herniated disk robson says there's no herniation he says it's degenerative disc disease and that's perfectly consistent with the reading of the radiologist who looked at the september seventeenth two thousand and seven i but that's about as far as it goes we don't know if he even looked at in the petitioner's medical records and that's certainly a relevant consideration for reasons i point out in just a moment so i just look at it from the perspective of which position have the better view of what has gone on before they got involved it's if you look a little further in what dr the shed records indicate it's pretty clear from the films that he's got bone on bone changes he's got signet significant degenerative changes in those hips and one thing that the commission didn't mention in their decision but i  i think it's relevant in terms of this whole business of this path of medical treatment as he went to physical therapy sixty three times between december of two thousand and seven and june of two thousand and eight and i want to patient on june second two thousand and eight is is there a complaint of hip pain there is no mention whatsoever of of back pain and i think that's relevant because one of the arguments that counsels making to you is that while you should believe what the church says and you should go here was complaining of back problems hip problems during that period of time it's it's really clear from looking at dr shelves records that he is very detail oriented in terms of writing things down and it's inconceivable given that the orthopedic surgeon is treating somebody for a shoulder problem would not have noted the fact that there were some other problems developing before march of two thousand and eight so i guess a big wrap this thing up in a nice neat package from my perspective yeah there's conflicting medical evidence or of this court has said many many times that the commission's decisions with regard commission's findings with reproach of factual matters are entire also substantial deference and this is one of those occasions the commission did exactly what it was the degenerative change since back when symptomatic before that's so what we have is an accident and then we have symptomatic back dr burke of anderson hospital  i believe this this decision speaks scrutinized and of the petitioner be given every benefit of the doubt with a serious nature of his injuries it was partly in fact because of the ethical