i would submit that mr kostova was admitted formally as a member of the fire me because i'm day one he began receiving salary as a fireman and since he was able to receive salary as a firem n he was clearly entitled to benefits of under the pension code for injuries received as a result simple one of the reasons in dodaro is that he was not a sworn officer he didn't have a rest powers didn't have a b is somewhat arbitrary in the sense of application to these types of cases and the reason is you could give that both the same oath on the day they walk into the academy and that doesn't change anything about the nature of the type of benefits that they're entitled to doesn't change the fact that they are entitled to pension benefits for this for injuries that that occur during the course of their employment they don't give them the oath that inning because they don't know they're going to have all the basis of training they have to pass to become a chicago fire paramedic right that's probably correct so so i mean they're not really they don't really have the job until they complete impasse whatever training and testing they're subjected to well correct but better but again the purpose of the act in the purpose of the pension code is to compensate boys exception in the worker's compensation act it's there because there's a provision there are provisions that provide for protection for these this class of individuals and mister mr macaskill call felon with within that class they mentioned before your honor be your honour's the the in this claim he was eventually provided with note stating that he was able to return to regular activities stating that from a real point of view so long as he avoided over exertion and remained well hydrated he could resume regular activities dr kramer later wrote a note stating that he was there for regular activities yes dr fox did it was clear for under strict physical activities back and performing the same level of physical activity that he was asked to do in the fire academy he's still very much an employee of will there's no dispute there's no doubt that mr macaskill was able physically able to go back to his partner job as a permanent children's hospital in fact he went back and asked for that job and testified that the only reason he wasn't working in that job was because it wasn't available to him he then took a part time position beginning in august i'm sorry october of two thousand and nine is it as a part time i do technician he stated that that was a better opportunity for him he never looked he never went look for another paramedic job and never the other those the other factor in that regard is that mr the cost of did have a judicial hearing before the pension board to determine whether not if he was physically disabled from returning to empl the same pension code provisions the same section of the worker's compensation act section one b want to apply a cost i was was never a fireman he was in training at the training academy and he was a candidate fireman salary or with different as our as our candidates a salary as to a candidate paramedic and a candidate fire that's the same distinction which was drawn in the  was not paid the same salary as a duly appointed member of the police department she was a member of the academy not a member of the art with respect to with respect to the federal stoppel issue were not the same benefits under the pension code do not a pot under worker's compensation he gets medical benefits he gets vocational assistance he gets permanent partial disability he gets a temporary department's own physicians would not return to work there's nothing they would not serve there's nothing new about there right the board says you can't come to even you can work and then they hired dr model who says you can work and they won't let him go meeting factual determination he's capable of working as a fireman that's what they made how can he dispute that leader and any other let alone before any other board ok because he's not a fireman he is not a fireman  was injured on the second day of training in that and the reason he was it is a different job he's very different altogether he's a he's a paramedic in the training academy he's not a do license member of the department at that time  because of lead with your solution i guess not why are you i argue that there was evidence that was not submitted to the workers compensation this was filed before the pension case the city chicago denied the plaintiff's ability to go forward with the definitions of the treat physician so i had to file for it that it was to get those to get those depositions done in the interim cost i was instructed to file before the pension board they did so pro se and then and then that hearing was actually today but he was asked why he filed and he says they told me to come here chairman jackson i can go tell you to jump out the window and you're going to go jump out the window because to well when i'm a candidate in a commander tells me to do something i do it chairman jackson i think i'm a little higher than  commander and i'm telling you just because the commander told you to do something doesn't mean you belong here you're in the wrong form chairman jackson continued nor can we be responsible for the city did she go over there i want to make sure you understand that there is no backstop because something happened to you with what the city did to you over there you're suing the city and whoever else but this is not a backstop for them over here so clearly he's instructed by chicago fire department he's an employee name of the fire department we're not here unless he's a member of the fire department now or that they were there different jobs in the fire you know exactly and it and there's different grades of pay if when you're a candidate  under the same umbrella as firemen and it's you know the training is the same if there's there's overlapping duties as i understand it in terms of paramedic duties and fire crews certainly it would be hard pressed for for certainly myself or you know a lot of people to to discuss what's necessary for a fireman to be you know completed all the training to actually administer a treatment until until you're concerned you can just get on an individual basis and until the all the individuals appear so or so under the pension benefits address his claim for i'm going disability because he's defined as an actor fireman under the pension code because he's receiving salary as a fireman he's receive a salary is a fireman because he's a candidate in training at th