it was first said that on the date of accident there was no exposure and there was no lawyer for a relationship and then they went in the draft constitution and what the commission did which is not what was done by the arbitrator but added him to present some evidence that he actually was exposed to heard profits that are private in his report actually said that his whole class small says is more likely than not related to the exposure that occurred while working they read into it what wasn't there swore there was a page missing from here because it doesn't make any sense whatsoever well if and i mean we i mean this is a very poor we don't know but records exam because he doesn't s evidence to support the commission's decision so we turn that into the issue of accident and employer employee relationship which i think the commission at least did a little better job explaining what they were saying work related and what the commission says two things number one he was not working on that day so we didn't have any actual exposure to the bird droppings on that tape and two because he was not an employee o they couldn't find that it was this is a guy leaning out the screen bends for almost three hundred hours two hundred ninety nine point something hours over the course of a month and after doing that he starts having chest pain and he's coughing and having these other symptoms multiple different dates it could be the data first treatment it could be the date that they first said sometimes it can be the date that the diagnosis is clear and its relationship to the point is there it could be the date that they stopped working if you is separated in this case he stopped working it's unclear on the record it was either august twenty sixth or thirty first i'm not sure which of those two dates but it's clear by the you know august he was no longer a working there and exposed to it he goes to the doctor in september they suspected as long cancer they schedule him for a biopsy he testified during this time he knew something was wrong he knew when he was out working he was exposed to the dust that was making a coffin that  that day that they finally say this is what your diagnosis is and by the way you get this being exposed to bird droppings and that's the date he understood both the fact and his injury is still class analysis and its connection to the notice originally when he stopped working at the end of august so around september first he first post the box and says i'm having health problems i don't know what's going on they think maybe i have cancer i need time off i can't work around the cost i got a yes that is accurate if i resist not even question no in fact they can see that in this climate if i was trying to claim the accident was during the exposure i might have a problem and i'd be arguing oh it's it's  ks or work up that's exactly what happened here and it's completely understandable oh this case was my own with your use of it was not your correct this it has a very strict forty five day notice provision but that satisfied based few looking only from september twenty first for work and additional treatment based on the fact that america station to you it was october fourth notice was fully down with their forty five days even though he was separated from employment that doesn't mean there's no employer employee relationship and based on the fact that all three doctors clearly say this ties histoplasmosis is related to the exposure he had at work and no evidence was presented the shelf and it's probably very true that if you're disturbing riverbanks of roosting sites that you left this in the air and if you're supposed to if you're likely more likely than not to come up with this  highlight on the couple things that the panel asked counsel the issue of credibility and whether or no the commission found that the time ploy of the claimant was audible they actually did if  mind the commissioner firm the arbitration system and within the arbitration decision the arbitrator specifically found the following based on the foregoing i find that while the titian or may have been exposed to his still class mosis during his short period of seasonal work bit titian or did not prove that his current condition of ill being is closely related to the archery or found he was credible in his testimony that he was in fact exposed to the bird droppings and they're now finding what specifically testimony all of them testify that while the green bins he was cleaning are used every year and they're cleaned out every year that some of the material along the bottoms and the sides have been there for years ye there then that would be one piece of evidence the commission could have relied on to say he wasn't exposed but without that being in there the only evidence is his testimony that it was there and they found that to be credible the manifest weighed on that issue the only evidence supports that he was exposed regarding medical opinions on causal connection and whether everything that was going on was really related to a prior condition counsel his argument that it's argued in the breeze but there's no medical opinion that says his condition in september october november two thousand and ten was related to something prior to the point that if you want to allege that that's fine but have the medical opinion that supports it there's nothing in this record that says it so that's not an argument was also indicated that there is no history of exposure in the records until november of two thousand and that's wrong specifically on october twenty second two thousand and ten d the flat well all the time and that is the october twenty second two thousand and ten visit it's very clear in this record that dr norris and then later dr fierro on november ninth knew exactly what this guy was doing for work and how he was exposed so to claim that those opinions aren't credible because we don't know what information they have simply doesn't jive with what the record so i ask that you reverse the commission and all of its finding i find that there was an accident and