judge one of the we don't think it does anything to our ability to to a sickly discuss the issues involved here simply because when you look at the trial court order there were you know july thirteenth two thousand and nine there had been cross motions for summary judgment filed in that matter the judge did not rule in favor of either party on the motions for some judge the judge made various of medical records were produced for fifteen cents per page per as i said counsel briefly mention that fact but that's very important because in essence we not say how nice it is not written section sixteen it allows for subpoena of the health care provider to bring original copies to the arbitration hearing which  counsel did not mention we did we rocked original medical records to hearing in front of our the trigger and allowed her to review those which is what section sixteen wires we complied with that's at that time arbitrary and we'll say what we i want you to produce copies as well poppy's of the medical records are dealt with section eight section eight is for twenty dollars which is the subpoena subpoena fee is for writing the person to be arbitration hearing that's the twenty dollar fee they're also supposed to pay twenty cents per mile produce them judge the order allowed us to produce the records within seven days and then we were to be paid the fifteen cent per page fee with with in seven days after that counsel filed this judge what we believe though is that first of all we did comply with section sixteen but when the original records to the arbitration he believe we complied with the claim case the claim case itself argues there is a only the twenty dollars fee and the travel expense for you that should be paid for those records  what is different between clay and the facts of our case is that we actually bought the records to the arbitration hearing and we had also offered to produce the records thirty five i also yes five slash eight s two of six which sets out eight feet graduated fifty four production of medical records by health care providers there is no there is no guidance allowing you know the petitioner or the respondents to make copies of records does not provide any guidance as far as a fee it does it does not say you got to do it for free  believe dr fleischer has in the past produce records but i do not believe he has ever felt that it was that done in compliance with the law when i say that with respect to workers compensation subpoenas you know if dr fletcher was treating a patient from just a motor vehicle accident somewhere and counsel and or the plaintiff or defendant had again a fee to be paid similar to section sixteen of their own works compensation act for breaking the original records to the hearing for review by the arbitrator there is a benefit to seen those original records term medical expert would go through on the course of several hours per case the medical records of the injured party here and i've got luxuries analysis and treatment of those injuries again you know occupying perhaps over a half a day during a deposition for which he not so much about contempt as about wanting to get those records for the twenty dollars fee and twenty cents a mile travel spends you know matter how many records there are right three thousand records or ten r so do you think clayton is it supports your argument we do think clay supports our clayton is is limited to what it says and it does say with respect to a subpoena we believe that in essence by the fact that we had produced the records at the arbitration hearing arbitrator miele had incorrectly certified the contempt proceedings civil courts by bringing those records into having having said that yes we did you know proceed state court in the judge did find are quite content in the problem again that we have is he ordered production of those records subsequent to that hearing for a fifteen cent per page fee which i believe both parties to this deal don't know where he came from with that don't feel it's correct requests for medical records by the page and the agent of the page why it would be different honestly i don't care what symbols medical records except to the extent that those medical records tell us we have to which were subpoenas never mention his no no application of the parties in litigation believe me we would rather not be in the underlying words conversationalists we certainly would not want to be here i own choice