conceivable measure and there's more and this goes to the basis of the commission's decision dr rector said that he was aware that the official positions of the american drastic society nyasha the department of labor were that mining can be as great a risk for seal the deal as smoking and his review of their position was that they were absolutely insane they had zero evidence they don't cite any evidence in the literature from any source now oddly enough there's a part of the testimony where dr rector is talking about some of the literature and he actually said mining always causes a little obstruction but it's smoking oh this catastrophic disease and thirteen percent of some of the smokers not i because that would have great implications in many of workers compensation cases where on appeal a claim is made that a basis for an opinion was invalid with either opining on the remaining bases or not being able to express that opinion when when it happens on a heel of for the first time you know what you're suggesting here come up with a beautiful idea we used to do that arbitration five years later we find out what you say about it meantime two hundred cases gone by with that there are not here and if i can tell you that i always object to these things in the past and every time i make an argument i say it shouldn't be in there either close to me this specific thing stands out now going back i know there was a time when i always objected to the arbitrator in even putting them in i was never a success i don't first office visit with this film i don't recall he records his smoking history in one of his tyke no seizes tobacco abuse i don't think that touches upon what you're asking thomas walking history is relevant or is it some red herring well i'm glad i'm think you asked that when i defend these cases the first thing i do is i try to determine businessman have an occupational sees are not happy games with looking at the chest x rays having them interpret their interpretations that i think and then from there i moved to ok does he have a disability as defined by the et and if he has a disability that's arguably could be due to work or could be due to other causes i then look to see are there other explanations and the ones that i commonly look bar look to are our cardiac because they affect your breathing in your exertional smoking history obviously the same symptoms can occur with that perhaps obesity if one's morbidly obese it's going to affect your exercise tolerance and make you short of breath with the exertion and that type of thing and then if those have something in those areas and there others are there then i try to pull the string get the medical and see what the medical s i'm doing that not in the end to prove to the commissioner of mistruths award you that this gentleman is problem is due to something other than his occupational exposure makes scene that way but that is not what i'm doing but i'm doing is trying to get all the facts all the evidence so an analysis can be made as to whether what is happening with this individual by a preponderance of the evidence can be said to be due to his work i suppose and so i don't know if that directly answers your question or not but in the end the issue and it's in this case obviously has the claimant prove by preponderance of the evidence that he has a work related disease and if this bill is in regard if i could go on it in regard to the issue first of all of  continues with that same interpretation for all the later so obviously that calls into question if you've seen something in bed of two thousand and five and he continues to see the same thing the says those films in two thousand five hundred megabit there we have a dish poppies and that was the reason why i did that's why i got those films and actually asked my objecting to his own experts interpretation of those films that seems to be the thrust of this from a sort of argument he recognizes you have evidence on your side of the case he's going to say wasn't just a matter of telling of the number of experts commission decide once and as i said we can argue about the facts and who is flawed or not fly but they did their job they decided that and they stated it very clearly so i did in regard to the emphysema since he brought up the emphysema might be you're characterizing this case is that i want his term for this but that the evidence is so clearly evenly balanced that it's within the province of the commission based on the evidence i would argue that a preponderance is in my favor but that's not my bird in regards to the other diseases let's call them that c o p d and proceed mass magen there was conflicting medical evidence as to you haven't seen this case unless balanced and in almost any case have seen thirty year it's amazing to me commission came up with the decision they did and on these nine shims one more thing about this specific set the most recent want because what it would mean is the company says there's nothing there that period for my shift there's something there we're just talking about how much and the difference was something versus nothing so i bet part of his critical and it would swing it my way it's easier to wait something versus not and one over zero versus one over one and so that used to get us there and it's kind of tangential this case but argument but it's never on a frontal assault it's always coming in from the flank and attacking the basis for that opinion and that's what i'm doing here the basis of this opinion is just awful the reasons for it he gives for not paying attention the authorities are terrible saying that the nine department labor absolutely insane isn't much of an academic argument i'm in my opinion but i move on and other factors her they're just out there but nobody's going to consider them of something approaching the value anyway right and there's another piece of literature out there it's kind of new to you i don't remember writing this to you for but doubt you'll hear a lot of time in the future the only literature that rhetoric actually cited was employment favor he said it's more it's possible the studies have shown that at autopsy fifty percent or more of coal miners who did not have pneumonia or detected during their life actually had it at the can't rule out coal mining as a part of this massive structure i think that's the case actually that admission on his part because that puts the burden on you it put the burden on the commission do we want to turn over all the authorities that there are the governmental and the medical authorities because that's what you have to do to deny the case thank you thank you counsel both the arguments in this matter this morning that will be taking the