titian is treating physician and read by radiologist dr meets on december seventh two thousand and one and directing the court's attention to this record which was c four hundred have got it from mine certainly we're not disputing that you got it from anything else but it is certainly irregular that you have a film taken a year and a half after somebody left a mind that has absolutely no evidence of anything remotely close to being that were made by the commission were reasonable and what we have asked the sport but that is if that inference is reasonable given the fact that the medical treatment records certainly state evidence that is contrary to the findings that were made by the commission that there would be no reason for him to go in and li khan himself testified that he had patients who had similar smoking histories never worked in the mine and had test results that were the same his own treating physician was obviously advising him disability we're not going to take it out of the snow it's did not address section nineteen and and to say that this is going to trump a statute i'm the wisdom of home and i turned this knob on my washer eight hundred times every night and not think that it might have gotten worse after you already know is a problem in this case the evidence shows his treating physician flat out tell him he needs to stop smoking  the advice to physicians give to people stop smoking i never have any doctor today who says he should continue smoking i would agree i just do not see how the commission can come to a conclusion statute that pulmonary problem and says oh look how bad i am and because i'm so much worse now pay me more i mean if any case was ever won out there were nineteen the would be applicable it would be up hope unary case where award here is if that were to happen so yeah i mean technically very you know if you're talking about a closed mind and somebody is forty five forty six and they get an award and then they suddenly get be called back and when they're fifty there is no credit this is man as a whole we don't get anything there's no body part lung but we get credit somewhere down the road so get presumably if someone smoking nationally back into the mine who can work for us if they were to file let's say that we get all done here and  have about whack a seventy percent of the whole person smoking so yeah it's it's a matter of the commission determining what they think the amount is what the arbitrator or you know i mean mission affirming or whatever but the the bottom line here is you separate the two in fact there isn't even any subject that is in this case nothing for can solve the basis argument on the course because no doctor you've tried before and on top of that you take the language of one thousand the apart and try to more recently the point is it was abnormal each time now doctor tooter also when he when he says that smoking is the only thing cause this man's seal he did he said quote my are paid more either fifty fifty percent as much or the same as small also he has no data even if you are right that c o p d is odd by smoking so much more than mining he can't point to any data like the majority of mr resource argument was based on testimony from dr tutor not dr khan ok commission didn't accept the opinion that dr tutor in fact they specifically chose dr khan and it's somewhat compelling that we're now going to rely on dr tutors testimony make the case when dr tudor did not find coworkers to makoni as this and did not find that c o p d was related to smoking so we're going to rely on dr khan for his other finding coal mine if they are a smoker is well that is found at sea one zero seven in the record that is completely contrary to what mr resort to stated he just told you that you can get it from just working in a coal mine or you can just get smoke that's not what he has expert said but we're supposed to believe his expert with regard to everything else you know and he said there's no there's no subjective evidence in the record to say that any part of the seal he was by mining that dr kahn stated he had patients who were not born miners and smoked for forty one years see  he agreed that some of those patients had comparable pulmonary function tests as those found in mr colbert that to me says it's just as easily could have been smoking as it could have been from the coal mine does and based on dr competent the only reason he has c noting or coal mining is because he was a smoker you need to live specifically at that statement that he makes on page c one o seven of the record you are only going to get an obstructed condition if you work in the min and you are a smoker and he was a smoker and he continued to smoke after he left the mine for another six or seven years the court went to hearing in front of the arbitrator's nineteen d is applicable if we're going to rely on dr khan and say that  against the man's best way they haven't then we have to base it on what his opinion life if you want to base the decision on all of dr tutor's opinions on how pulmonary works and restrictive and instructive conditions and all of the findings then we kind of have to accept what he decided which was there was no unbelievable i mean his his position testified he didn't testify to what was consistent with the with the law at this time and the nyasha of the federal register and the statements from the federal by one that