the workers compensation commission that reversed and modified the arbitrator's decision in this case mr glass had been employed by a y r c and on march seventeenth two thousand and nine had an accident an injury while working while driving a forklift unloading skids from a tractor trailer when the dock played between the sun my truck and the dock labs he injured his back he had treatment and eventually the taken off of work and also old surgery was then prescribed by a neurosurgeon the case proceeded before an arbitrator an immediate hearing under a section nineteen b and section eight a because we were looking for the continuation of temporary total disability benefits medical treatment and for the authorization of the surgery that was being recommended by his neurosurgeon we have a trainer and found that the current condition of bill being was due to the march seventeenth two thousand a accident this gentleman had at work on march seventeenth two thousand and nine a review to the commission resulted in a modification having first of all the arbitrator's decision and specifically what the commission found was that this accident and so they modified the entire decision of the arab trigger the circuit court did confirm the commission's decision but if you read the judge's comments when he made his decision he realized that there were factual statements both ways and information both ways but felt that he was compelled to affirm the commission's decision we don't think that's the case we feel that petitioner has by a manifest weight of the evidence proving that this march seventeenth two thousand and nine accident did cause a new problem with his back in there requires surgery there is no question mr glass had a prior back injury at work he ended one three separate surgeries to his back to in two thousand and six july of two thousand and six absolutely no restrictions and he just returned to work he returns the rockets of timber of two thousand and seven and there is nothing contained in this record that shows he has any other treatment until he back still hurts my leg still hurts when i'm working i've only had to take one day off from work i can't think of the kind of pain medication when i'm there because of the nature of the job and what i'm doing jack to road sam and since us and the fusion looks good takes x rays sense him on his way no restrictions if you need some of the pain medication can take your primary care physician to give you some pain medication because no likelihood he would require some kind of pain medication often add once you have a twenty sixth and twenty second rather of two thousand and six they had an m r i demonstrated that the elbow on two levels and the l three four levels remain normal the  l two three level did have a broad based bulge but the l three four level was normal it's not normal after this month seventeenth two thousand and nine exit and dr mole who wish treating owl form to ask mom lovell this gentleman is never treated before march seventeenth before that accident before march seventeenth of two thousand and he has never treated never given any type of conservative treatment for never before had there ever been a recommendation for that all of this joe now paints our eyes and all kinds of treatment for this back before that but the treatment prior to this was that the different levels the lower levels of the one person and so is as a result of this accident an injury that we now have a significant physical change to this time and he now has problems at two different levels of back that he never had before also at this time he's now a stronger pain medication this injury caused a significant problem for him and if you look at the back are completely all of the records were admitted from dr rose office rockford spine center for the first time mr tobias treated with them through the landscape you saw him in february of two thousand and eight when you release him and said yes usual strake go back to work continue what you're doing and so he sets up again after this march seventeenth two thousand and nine accident there change in his lumbar spine and now he needs another surgery it's all related to this march seventeenth two thousand and nine accident an injury only it's not a temporary aggravation this decision this case here is very much like the two recent decisions from the support the national freight industry's case and also how i think it is it of the way where you have a new injury and accident and there's a significant change to this individual and there is medical to support it all the commission decided to pick and choose from the records and did not truly look at the true medical records that were there they didn't either read them all too clearly or they decided to just take something and grasp onto that if you look at the whole timeline  two thousand and nine and now we have to have the surgery to totally different levels of back the manifest weight of the evidence demonstrates that the arbitrator's decision is correct and we would ask respect briefed out judge to tresco had it right this was a close call case there are clear facts on both sides as to why the arbitrator ruled the way he did and to why the well the way they did it is not the place of a reviewing court substitute their opinions as to the facts that is the commission's province the commission decides the facts we have facts on both sides here this gentleman mr glass had prior surgeries he had a prior existing worker's compensation claim that was settled weeks before this injury occurred he was obtaining narcotic medication for pain complaints weeks before this injury occurred both dr the treating doctor the second treating doctor and dr graff testified that the type of injury and treatment that he had from his prior surgeries would lead to further degeneration at the levels above and below where the fusion site was walker was the first doctor to treat mr guys after his x after his march two thousand accident she opined that everything he was complaining about was related to his prior lumbar surgeries not to this accident the longer nor the three of them i would i would turn your honor to dr measurement as testimony in his deposition where he testified that the levels above a fusion site will tend to have degenerative problems later on as time goes on as time goes on but we do says years later this is years after his fusion time has gone on and these are degenerative issues there was not an acute traumatic change at those levels these are degenerative problems at those levels which d prior to this injury which clearly demonstrates that there was pain complaints in the back as to what level the doctor measured pinta specifically testified that it was in relation to new ridiculous complaints in the left leg but the records from his physical therapy and from dr ro following his recovery after the prior fusion surgery demonstrated and articulated left leg ridiculous complaints they were not new same location same he did not testify that it accelerated the injury or that it was the cause of the need for surgery and dr measure pinto is the only doctor in this record that has testified that the march seventeenth event is the cause of the need for surgery dr measure pintos opinions were qualified he did not have it is it's not clear that he had access to that are katic pain medication prescriptions or filling up prescriptions that's not evidence anywhere in the record it's not and it's clear that he had  relied on incorrect information that the left leg complaints were new when in fact there demonstrated in the record prior to the march seventeenth event it's all every other  just briefly there is something very new and that this young man has no treatment between the fusion after he has his fusion and returns to worst of temper seventh until he sees dr roll one time for it is all about the visit and has absolutely no treatment until after the sax a dent and then he has to have continually treatment and there's a recommendation for surgery so this is something new because the symptoms are different they're stronger they require him to seek the care and treatment of a doctor and there's a recommendation for surgery and we're dealing with a totally new level and there is no question that i'm not i is as clear as it can wasn't he was working he was working full time on a restricted duty he worked very hard to get back to work after that and all his children wanted to do now was get the surgery done so he could try and get back to work once again this march seventeenth two thousand and nine accident a significant monette darkly broke and his forklift wind down and a call another team of workers to come over and help lift the whole thing out that was a jolt and they had created a change in this gentleman's lumbar spine and it was no temporary aggravation i would hope that you but i believe that the manifest subject to call