may first of two thousand and seven and i would like call it to the judge's attention that during the course of the my cross examination of mr work at trial i showed him the saxon report i worker's compensation commission notice of a condition is not the same thing as notice he never used the phrase caused by work the employer should have figured it out but that's not the purpose of sex and six so you have the may first he did fill out the next he did give notice that  six there is no evidence in this case that he gave them no course the standard of review is whether or not the decision is supported by the manifest weight of the of the evidence and we took it upon ourselves in our brief to or extensively from the transcript for the purpose of giving th temps trying to left his supervisors know what his doctors had been telling him about the symptoms he had developed in his hands and arms again on cross examination we and specifically mr spiegel asks about whether he told his supervisors if you believe this condition was work related in those words mr courtney in all honesty said no however again i think the spirit of six section six we don't need formal notice we need to look at all of the circumstances surrounding the issue of notice in this case and if you look at one of the questions on cross examination i think it's somewhat telling again in the context of everything else mr courtney was telling his employer he mentioned something about the five variation of a steering wheel causing or affecting the condition of those hands him when he had that conversation now mr courtney's response was not clear isabelle in fact it's it's a little inconsistent in itself where he talks about the report and we think that he meant the report dated may first because mr spiegel do question him about that in the same line of questioning but you also say says the report that he filed with dr preserver which would have been when he first saw dr bizarro in february of gap between the last day of work which is when i think the claimant in white used what puts a claim point used as the date of accident and the filing of the application for adjustment of claim which was i believe the first time notice was ever used the magic word industrial or work related and in that sense there was this i guess the difference would be in this case the conversation with mr ward the supervisors evidence of any prejudice in this case your honor he knew he was seeing the doctors he testified to complaints of problems while operating the truck and the vibration of the steering wheel at the same time he was giving his supervisors these notes preferring him from his family doctor specialist and then for the e m g we had originally used a different date of accident we use the march twenty third i'm sorry march twenty ninth and truthfully that would have put him within the forty five day timeframe of the formal notice but i think based on his testimony he actually would have known better condition was probably related to his work activities when he saw dr lewis on march eighth and that is why the amended time hearing again we do not see any evidence with think it's work related but when you take into account his testimony about the effect of his that his work activities on the condition of his hands i think would have been reasonable prism lawyer to conclude that total picture of the the notice issue your honor i think that they can't just say well they gave us was an offer was a referral slip oh course supervisors were not called to testify so we don't know what they would have said but does he does say well there you don't this is the only thing i do is my work so i think again he was suggesting that in the course of discussing this with the supervisor i mean out of use the words this is work related but i think again the supervisors would have been able to conclude that based on his complaints of the activities of driving the truck and its effect on his hands plus the conclusions of the doctors that they were given notice and could have acted on those conversations by scheduling and i be by doing something ultimately they did request that he fill out an accident report on may first we don't know when they asked them to complete that but i think it would