will be fine except on cross examination he was questioned about you know if he had treatment before then and he made it very clear if in fact i had gone for treatment prior to june i was going for my shoulder the x and didn't happen in but we have here is him giving a sister in june and in same right after he told his supervisor he went to a moral hospital and got his medical treatment and then he went to the company doctor those facts are true employees medical treatment as well as how severe the injury was particularly how it affected his employment or his performance in employment are relevant in determining objectively when a recent person would have plainly recogniz treatment in april that that's when i first saw the medical treatment i think that's relevant if we look at the medical treatment that this claimant had beginning in april of two thousand and four and how it affected his performance at work this this particular claimant had a job as a firm spec he was a left handed individual and starting in january of zero four he and another individual would take these coils of copper that came off the line every fifteen seconds and stacked them on skids twenty five high this would require him to push when when it's above shoulder level to get to get those squirrels up there this is the repetitive motion that injured the shoulder now did he go to seek treatment april yes he went to the emergency room the next day went to the company doctor but interestingly enough those those notes from april fifteenth he employed did not complain ever describe any specific history of an accident now let's look at what happy and after that the company doctor did prescribe some some physical therapy and he didn't go on with this if there be but interesting lee enough at that initial april fifteenth office visit the company doctor did not take him off of his job during this this hand khaki's so so if this if this was a concern to the company doctor about shoulder he would have taken him off work back in april based on the symptoms that he was complaining of at the time he was only complaining of some pain in his left shoulder in its neck now as time goes on and as physical therapy progressed he wasn't getting any better saw as his family doctor  he he had the physical therapy for for twelve weeks now april thirtieth he began complaining to the company doctor that excuse me on may twenty first he complained to company doctor that he was having pain travelling of overhead work some time at around that period of time the employee complained to his family doctor on june second of four that he was having persistent pain in his left shoulder causing numbness and unso and that he needed to follow up with the company doctor about shoulder june fourth you saw the company doctor and the employee reported that he had slow and deliberate range of motion preference with resumption of dependent position after elevation and the company doctor believed that humor might need injections at that point in time at june eighteenth this is the company doctor the employee complained he was not doing any better despite their and it was at that time that the company doctor believed well maybe we ought to get some further diagnostic tests find out what's going on so if you look at the progression of the symptomology from april thirteenth over work to this period of time after about june tenth which of zero four which is what the arbitrator said was the manifestation rate you can see how this particular claimants condition doctor dr doctor do seke did our did not believe that the m r i done in two thousand and four was was relevant whatsoever to a determination of whether or not there was a partial tear in existence in two thousand and as was pointed out earlier after that m r i was done the company doctors saying hey you just have arthritis in your shoulder so what's he supposed to do he here this is our light duty job at this point in time he's he's tying  it doesn't require any lifting he continues to perform that job until january of zero five news due to a production assignment where he's using his shoulders but it's shoulder level it's he's teeny coral's into a conveyor system but from time to time production would slow down and he was required to go back to that hand packing first up which required him to live and so from time to time he would have some symptoms in his shoulder but nothing that was serious enough to require him or cause him to want to go and seek medical treatment he did testify though that the the the protection slowdowns which would which would force him to thousand and four no all right