a heart attack which he had the m s t is dark imitation shows us in the testimony from dr guy gay shows us that there's a cascade of symptoms when you're exposed to this chemical it starts with the simple burning of the eyes and moves on to exposure and the heard or bowls and they technically admitted to there is exposure to chemicals in the plant and in fact the register showed he was exposed to two point seven six parts per million there's actually some  dispute about that and the evidence is there yes the risk because i mean for one thing i mean you agree don't you that the player who was inside the chamber that's correct in any reading and there's some disputes about where the  the registered register was actually located but regardless that wouldn't calculated what the exposure was inside the chamber anyway right though it would not help the leak inside the chamber it would only show the idea is that would be felt chest pain and said i am having a heart attack i think what's the question what he was exposed to and supervisory to me as you know the question i mean from the very beginning that he amount to say i've been exposed yes he came a heart attack he did empty the chamber because he signed off on the documentation showing he had to the chamber he said he never completed emptying the chamber and stepped out felt the chest tightness and wanted to know what were the symptoms of the oh that was  question to a supervisor one of the questions would be oh i just came out of the chamber i've got this tightness in my chest what's that what are the symptoms here's the here's the way this case the veldts and we need a understanding of how the testimony came and how the theories of exposure changed when we do a work piece we hire experts when we depose them then we take the testimony of the claimant and witnesses at the time to talk to call the claimants experts testimony he did we depose him and we expose our defense which is you were never exposed to two hundred seventy six it was two point seven six we go to trial and now we have a new theory of the case because in order to establish exposure we have to establish  a significant exposure he's got the cascading symptoms of the scientific evidence so as you get these cascading symptoms he's got enough he jumps from zero zero to the worst possible condition in a matter of minutes so what does he say he tells us that the rear vetting system malfunctions we've never heard of this before we get a continuance it's on the record so that we can investigate this aspect of the case then i heard this before it's not contained in any records or anything else that cause it to be a complete suction and there is fuck them over so the door is ajar they lead for three to five minutes so the rear bedding system cleans the air this is a heavily regulated chemical now it's cooling so what does he say the system didn't work and i didn't know it well our testimony shows that the benefits system is so loud you have to shout to be heard when you're in the chamber you can't miss it and he he testified contrary to exposure to get to the point where he has respiratory failure to lead to heart attack that calls position is respiratory failure you've got a lot especially with with fluid which stresses the higher and cause a heart attack so what about the argument that given the preexisting conditions exposure to the substance even though it wasn't greater than what recommended that in combination could have resulted in the herd there the entire expert testified that his preexisting condition led to love crash a condition that would lead to a heart attack with milor no spotting or my expulsion no expert tested by the vet called believe that the exposure was two hundred seventy six and that number alone the floor the question is the one drinking alcohol tell me we all the cascading effects of alcohol and happen all intoxication to the point of it being able to kill you when the love you have to get at examination that because of his blockage that it's possible that that that triggered the heart attack and even a lower exposure know what good it was called a lot of smoke and when i brought it out to redirect examination i said what level of exposure he said consistent with the osha guidelines he had to be exposed and still demonstrate it can skate he never demonstrated my existing isolated question i just assumed this could or might it he said yes but when i said does it require more y d m and in fact doctor cone said that can happen to pull material hima can happen almost immediately it can and some of these symptoms can happen up to twelve hours later you exposure and what he had noticed whether was two point seven six parts per million or whether it wasn't as is something else all for us here in a few minutes but basically that figure comes from mr box mr boggs is somebody that we should not believe d i'm going to take it it's kind of a two prong thing i think that the evidence shows that there was more exposure than two point seven six parts per million because mr fitzpatrick testified that he smelled an ether like smell according to the testimony of the witnesses and according to the material safety data sheet now would have to be a four hundred fifty to five hundred parts per million so there was evidence in the records support that he had been exposed to something more than two point seven six parts for million  what you mean in part because doctor guy also testified that the petitioner symptoms of the bronx irritation could have been caused by exposure to this is testimony and that that wrong kill irritation could have led to the stressor which caused the heart attack so there were two parts we're looking at both medical experts now we're just talking in disagreement with the  to this heart attack opposite view is we have a preexisting cardiac condition with occlusion i need a ninety five percent right and it's clear that that  in in this particular case we did have just to point out we had a man who was forty two years old he ran five miles a day he was in a stationary bike three times a week he lifted up to turn sixty five pounds he coached wrestling high school wrestling students he was you're in your point that dr cole is the thing they relied on that's right but his opinion is baseless and unsupported by any of the evidence that's the problem isn't in it when we weigh the evidence is not just because somebody says this guy's lack that makes  t we have an opinion of it it's got to be supported by extrinsic evidence that leads us to the conclusion that that is the correct opinion we in this court must weigh the evidence and there is no scientific evidence to support dr coles conclusions or the way he frames what caused this heart attack to believe the claim and kept it from the exposure is that he had pulmonary edema that killed his mom's distress this heart that caused heart attack and the scientists began insisting helices that he could not have developed exposure it's not merely it's got to be modified parts per million it's got to be over twelve hours now they never take a person it's in the what if we can two hundred seventy six parts per million and see how many weeks it takes but they do know that it