please the court counsel my name is david drome i'm representing robert laden in this case and i'm going to try to do something it's been a little difficult this morning trying to get you to reverse the manifest way to sit it's been difficult why do you say that because any ly provided identical testimony regarding how the accident occurred so the real issue before this court today is whether one eroni us history reported by the employer's company doctor is enough to negate all of the consistent history provided by robert blake and we know this because at one point everything on this case was approved here's the quick facts back on august twenty third two thousand and eleven roberts on top of a tanker truck he's trying to close to dog years on it won't close tries once twice third time the shoulder pops never had any problems with the shoulder until this tape he climbs down off the truck calls the dispatch tells one of the seven problems with his shoulder can't resist arm he also the dispatcher says you need to talk with the supervisor talks with the supervisor gives him the exact same story supervisor says drive from where you're at two hundred eighty five miles to where we're at so you can go see our company doctor well he's driving back he calls his wife was a nurse tells his wife here's the problems i've got here's the symptoms i've got his wife says i think you've got a rotator cuff you need to seek medical treatment immediately he goes back to the company's place in shanahan i think that's how you pronounce it and he talks not only with the supervisor but also with the safety manager he completes a report of injuries that day so everything has been consistent all of the history said ben i pop my shoulder trying to smash down that dog employer has a coworker sent him over to the morris health care which is their occupational medicine of the syllabi he reports the same thing to us then that's what he testifies to goes back to the company plant his wife comes  goes to the insurance company's doctor dr milne e provides the exact same history dr milne he says it's work related because the mechanism good of injury is consistent so at that point surgery was going to be approved then up pops this report from morris morris says maurice's alleging that he told them specifically his right shoulder when moving four days ago and he had pain because he pulled something moving household over the weekend that's pretty specific why are you saying that morris just made that up well what we're saying is what robert said is i never told him that robert said i told him of the dog year episode and more importantly i had already reported it to any different individual bath he wasn't moving and in fact two men in a truck with a moving company that moved all the heavy items on the knoll there by because when you talk when or when we talk with gerry pearl the supervisor yes that's his name gerry powell had said yes we all knew that he was moving and also we knew that the parkinson peace safety manager tallackson excuse me the city manager was also aware of it and jerry pearl had said that when we send someone over to to morris the supervisor safety manager do report of injury told all these people one history and then go to their company doctor and say something different if all of these histories were the same to the point that we almost had the surgery was ready to go until this history popped up if one of these is an anomaly at minimum we can say they got the history wrong where it came from we don't know it is specific to the movie but all of the people at that plant knew that he would have moved they knew that he had even left early on friday to go move some things for his house so that the employer was aware of it so that's why i'm not trying to get into some conspiracy theory saying the employer set him up what we're saying is when you take a look at this if the employee is giving the same history before and after he sees the emergency room that's why was i skipped over that history portion because he said the same thing to mark ansen said the same thing to the section twelve vincent said dr scott history is wrong all the time and in this situation it's the precursor all of the testimony all of the things that he told everybody leading up to it it would lead to the conclusion of why why would he give this history so the two theories would be well he's either trying to make up a work comp case in a best case of us making up a work comp case why would the history change when he's going to get medical treatment for that very condition where the other would be well he had injured himself and he was lying all along to all the other people which doesn't make sense at all anyway because if he was lying all along why would he have not just used his group health the verbiage might be a little different but one of the other arguments today the history was a little different but this is completely incompatible and you do if i find the problem that you have this history of this contrary to the histories given to the other medical providers it may have been an error so what's the commission to do and your honor so you're absolutely right the reason why those two people and we were getting ready to depose both of them we actually had a pretrial two months prior and this very issue was raised and then very arbitrator whether there is a possible question of drivers logs in the qualcomm which is really what that went to was whether the qualcomm was accurate and whether there was a log issue is a red herring mike i said and testified i saw them fixing the lash jerry  said no we didn't have to fix it to meet that's a non issue the real issue here is what was the history that was provided all along by my client he never provided sophistry of moving household items he had them saying  commission problem with his credibility what nation could they have found credibility issues on whether and if they would have if they would have said we don't think that the history that he described of the accident is credible then i would agree but what if they're saying just generally i we don't find  incredible that's the part that i'm having problems with because he's telling everyone of the same history no one came in and contested the nature of the accident no one said that he didn't injure himself on top of that truck there were no counter witnesses they could have called them because there were other people at that location no one contested the fact that he immediately called the dispatcher no one can test of the fact that he told the supervisor that day that you've completed a report of injury that day before all of this morris  said if he had injured himself on saturday as was described he would not have been able to work sunday and monday and tuesday morning because he would have had a large rotator cuff tear and also this guy was is whether the morris history is enough to negate all of the histories that had been consistently been given by the by robert both before and after and so it's when you put it in context  has to to say well why would he do this it doesn't make sense on a practical level on a logical level and so then them were not more realistic conclusion is simply for whatever reason they got the history wrong and we brought in the testimony of his wife who said that weekend there was no injury supporting him that there was no injury he talked with the dispatcher on monday no injury no discussions of injury if you wanted to falsify a work comp case why didn't you do it on monday quite a few weeks and work  whole day and then have it on tuesday well this is this is a little unusual though because they've got a couple of difference actually even the morse records legally they have reporting of pain as a result of moving four days ago and elsewhere later in the records they say is he from playing as shoulder pain moving household items over the weekend thinks he holds something yes thinks he probably he has made it up well to me that is actually more up and so that's why they see pulled something seems like it comes from more of a safety manager or someone else describing what he may have described but kind of minimizing it because my guy was saying i was in excruciating pain i told them but i did the dog years and then i could lift my arm over my head the other thing that i'm looking at too is bay said move household items this is a large rotator cuff tear this isn't something removing a skill if they're moving at a small table to skin to cause a rotator cuff tear this is something where we're we're dealing with something that's going to have some serious impact something that's going to cause an immediate symptoms and by robert's history and i've he said it multiple times before and after that one history he has said whoa began following bet event now so i'm just going back to my last question about whether or not dr pollack testified that the mechanism caused a massive rotator there even if you were working are that but he did say it could aggravate and make symptomatic the condition that he indicated that it was a massive rotator there was a right correct yes and that's yeah there's no disagreement layton denies it laden gave him that history he said all he said was so i'm my arm feels strange i'm having trouble lifting it that's what he said no interesting he talked about this truce while talking about this occurred in the afternoon if you take a look at the timeline first of all he said it occurred in the pm didn't give a timeframe but if you take a look at the testimony after this accident robert find down off the tanker f three and a sit for a few minutes this is going to black out reeled up the hose one arm to finish the paperwork with that company got back into the truck and drove two hundred eighty five miles to get back to china completed a few interviews with the supervisor with the safety manager completed paperwork had a coworker drove over to the occupational medicine syllabi and got thirty five twenty nine  that happened in the pm how did he drive two hundred eighty five miles after completing all of these activities and get there by twenty nine pm it's a small issue but it's where i'm telling you robert is not lying he's telling the truth in all of this when he says it happened in the morning that is consistent is after driving for that duration if you're doing all of those activities it had to have occurred in the morning not the afternoon also he's right that  write two hundred eighty five miles back to see the company doctor if he's thinking that he'd had a heart attack holy crap a man having a heart attack and he told me to drive two hundred eighty five miles that's not the case he knew the robert was telling him i injured my shoulder which is why he said talk to the boss get up here when you do need to go see our doctor patient medicine facility which leads to another issue too if he's telling him my arm hurts like a lightning bolt went through it why are they so fixed upon getting him up to their doctor what is it about their doctor that is so magical here the dispatcher supervisors safety manager all of them are trying to get to that morris facility once again i'm not trying to s summer mission impossible scheme that the employer is trying to make up history i don't know where the history paint from robert doesn't know with his feet came from and unfortunately we didn't oppose those people because we thought arbitrator lead did not consider relevant because of the pre trial so in this instance what we've got in the is histories before and after that are very consistent and when you take a look at it in full context it's the old sesame street one of these things is not like the others and it's not like the not just and i think i hold something he's going to say this thing hurts like crazy i was moving a couch but that's not what he said but he told us at trial this consistent before and after i hurt myself move in those dog years so has