hives for a brief period of time here and it was determined that something in his work environment was apparently triggering the hives significantly so he was ever able to figure out what it was and as  as you know wage differential rule words require proof two things one a partial incapacity suit usual and customary point in a situation like this claim wall is crystal clear that you have to prove that your i'm able to do your regular jobs not just u k work as a carpenter for instance for this particular i'm poirier you can't be a coal miner you know in this particular min arbitrated their own occasional experts said that was standing those restrictions he could still do his jobs just not american s claim it was likely to suffer from the same allergic reactions when in the same we're somewhere environments absolutely not absolutely not and that's that assumes that you know what's triggering this guy's attacks finish her labor any one of the number of things that he was doing if that's your position as it is here and you need some kind of data saying ok if you were to do that particular job in company a b c you know that you're the same problem returning to work as a carpenter fair enough in this case there is no evidence that this type care work is a plane operator or some other employee and he can't comparable to what we've been doing in american steel but they just want to be all right now so i did not include them i only put in my labor market survey for those jobs where there are open positions but if you sa no vocational evidence that says ok given the restrictions and  else and had he gone it tried to work someplace else and you know had the same problem different facts that's not the situation in fact he's better you know and since you love america few has been all kinds of environments and has very trouble on there is no testimony over those symptoms preclude him from getting a crane operator a laborer a mole finisher or anything else you know the people that have sensitivities in the workforce you know work in it wasn't requested by the the litigant it wasn't as part of the litigation process so therefore under under the fence so to focus the the arbitrator ruled that it petitioner in this case testified that she had requested from all of the petitioners treating physicians their medical records for her to review specifically with regard to the restrictions that they had for petitioner in his ability to be white because that was part of her part of her job and as a vocational rehabilitation specialist she needed to find out what employment was appropriate what was suitable for him based on his restrictions well the social security report that was in dr shallots records she she got that directly from dr shallot she requested it from who treated the petitioner after doctor telling him had released him in february of that year dr schauer had the benefit of having regular appointments with the petitioner even after he was disabled out doctor dr telling him to address and in his testimony he said though that although he was not one hundred percent sure which chemical at work was causing began to lactic reactions because the of the allergic reactions that the employee was subjected to were trigger each time he returned to work and went away when employee was off work doctor telling him was one hundred percent sure that he was having an allergic reaction to something at work and seventy percent sure that it was this i so sign it sensitivity  because under section eighty one your honor the suitability of the employment or business after the accident has to be a look has to be looked at and dr telling him also occurring that the employee's system was primed and he's described that as resulting in the need for smaller exposures in order to trigger and all that allergic reaction and allergic reactions to a broader spectrum of triggering substances which would not have bothered him in the past substances that were also located outside of his work place at american steel and i believe he also testified that clinically he has seen that is allergy patients that initially they may not have quite a bad reaction to an allergen until their system gets primed and then once that system this primes later on in the season they will need know but but the vocational rehabilitated specialists did look at those those substances which were triggering substances according to dr schauer in which he should avoid according to the restrictions that were in that report so if you if if they took a show rehabilitation specialists looks at the types of jobs that he's qualified for based on his experience and education etc then the lives of those jobs and how they may be impacted by these allergic reactions that he has restricted allergens that he is restricted by an eye doctor shallots report then she goes to the internet to find if there is if there see if they would be affected by his restrictions on these particular allergens for example working or working as a truck driver which she apparently did from time to time in american steel is exposed to gasoline fumes there so that type of job would yeah i don't have that and i don't have that in my life my facts affect the the jobs that she looked at the jobs that she said he was qualified for they fell within that nine to eleven dollar range and because of that just be the arbitrator looked at sixty six in two thirds percent of the difference between the what he was earning out at the databanks he he had one allergic reaction maybe ten years earlier was treated for it and returned to work with no problems now all of a sudden three weeks before the date of accident he develops a case of hives while he's at work  and this continues for about three weeks and then the on the date of accident he has a more severe reaction he has breathlessness and increased blood pressure in fact they were concerned that because of pain that he was having i believe up in his draw area that maybe he was having a heart attack but what they were able to determine was he was having severe and electric shock so he was treated for that with the allergy medications re work and and after a few days the hour the allergic response is the an eclectic responses are returned in that happen each time he was returned to work and that's what prompted dr telling him no doubt from saying he couldn't work at american ste but if you look at what happened to him even after he left american steel he was still having these allergic reactions and that is consistent with dr healing so enhanced opinions with regard to  system being primed to be super allergic to two allergens that may not have caused a problem in him before if you look strictly a chain of events you see before he was doing his job without restrictions but after the date of accident he was unable to maintain any work at american steel for more than three or four days before the for the the severe allergic reactions set back so the the  that that case involved a request by the claimant himself to his doctor to send a letter to the administrative law judge on his social security case we don't have any evidence in the court pointed that out we don't have any evidence that the report that was in dr telling him so filed it was french to to the vocational specialist misplace no evidence that that that was requested they will reasonably relied on that in forming their opinions that testimony is in the record misplaced testifies that that she required the record required all the records of the treating physicians and she specifically requested any records that they might have with regard to his current restrictions and that's where this came in she relied on them informing her opinions and so under wilson be clark it's not an abuse of discretion for the arbitrator to have admitted that i see my time is up and i think whole life working and you know horses no you because you're not precluded from working as a coal miner all these cases turn on what you're capable of doing your occupation your normal occupation that's the