the employee testified that he had an excellent result from that surgery he was offered a sedentary position on february nd two thousand and eleven she declined then after because he had surgery he was seen by a doctor the overnight in me and he said i had a phenomenal recovery i was one hundred percent recovered and i was fantastic for three months so the question becomes after that the surgery i was one hundred percent phenomenal recovery dr neil said is to live the demon was going to be related he would be limited to the area that was injured and operated on whereas the employee was twelve and i'm going basis of to the arbitration hearing so is there a conflict in the medical testimony well there there is but at one point dr i'm looking just for the cite to it doctor rody did find so he did say that the only thing keeping him in his opinion list for dean was the major problem and it is our position that that is not related to either the accident of february two thousand and ten or the post dramatic changes to the rate robi testified that he believed that the quote hoshi traumatic to generative changes exacerbated castella was constitutional issues the weight gain and lived fifteen so he did in fact testified that argument dr robi certainly said anything is possible right like all doctors ultimately do on cross examination and thing is possible but critically in this case there is no independent medical evidence of some preexisting condition you can search this record over and over again to look for a page was a single page and in the end of a record that contains hundreds of pages of medical documentation there is no record about whether there was any preexisting medical condition here the commission decided it was going to accept the opinions of  significantly dr rowley is the only doctor who saw the progression of mr costello's injuries and his condition from the very beginning until the very end of this process the commission was well within its authority to decide that dr rowley was the most persuasive appeared under these circumstances and this court simply cannot wait that decision dr ro to do the surgeries in this case dr ro you prescribe physical therapy in this case dr freud prescribe the medicine i'm in this case he took warning how could it histories from mr costello through all of that is documented in the medical records the hundreds of pages of medical records that were introduced in this netter which in and of themselves would be sufficient supportive of the commission's decision under the manifest weight of the evidence standard but in addition to the records dr robi actually testified in this case he was depose he gave a very persuasive bence's sinked direct testimony and furthermore was subject to cross examination by the players counsel and despite all of that the commission chose to believe dr robi in this case it because of those reasons so if you're inclined to do so you can compare the evidence that incident of a slip which is the work injury in this case that's the lawyers own expert giving his opinion in this matter the fact dr cole goes on to say that it's his opinion that mr it already been mentioned about the six days after the surgery to disturb or alter and of those awards the words themselves are supported by the manifest weight of the evidence in much the same way that the commission's causal connection determination surgery the employer acknowledges that all of the awards given by the commission in terms of medical treatment terms of temporary told disability benefits in terms from and see benefits are governed by the manifest w it's simply a factual issue in other words how much or how long seems to be issues that are within the special with already it's the special authority of the commission to decide and i'd be happy to give examples of how the the evidence supports each and every one of those words but i'm not going to the leverage and further so in fact at this point i'm just going to get to my conclusion which is that  rely on that because we've got these other facts so there is a crack in his opinion and so we're not just conflicting about a whole but there's a crack in his foundation is just as much and pointed out as did no records for a limited d m of course there's no records we flaw sort of an appealing argument to make but let me ask you about this claim of testified that the swelling in his legs began following the work accidents