of the evidence case i know in my second argument regarding causation i in my brief i brought up would appear no standard i guess i am abandoning that argument your honour's that's a good arguments today to the to the first issue about whether the accident that the finding of that the that mr wilson had an accident that arose out of course of the employment was was against the manifest weight and anything i case you know we have evidence in terms of mr wilson the of the fisherman self and also his testimony we also offer testimony from two other witnesses and then now we have the testimony from  problem many many years he testified that he was in pain all the time and leading up to the date of the accident he was regularly on narcotic pain medication to address that and so  list mr wilson's wife also testifies i mean she didn't wait and see at this accident now she talks about that his appearance in terms of this pain was quite different on the other hand you know she also that mr wilson was in pain again consul the leading up to the time the accident then we had a testimony from show schubert from dollar general you know she went ahead and did occurred on the other hand i freely acknowledge or i reject the video wasn't produced that's always cause heartburn for defense counsel that's for sure you know from indicates that the video didn't cover the rider spirit room and there were smoking gun written no there is no smoking gun your honor and i guess i would submit and looking at the entire evidence i mean on mr wilson's i guess i would just respectfully submit that i guess in terms of manifest weight that doesn't mean that there has to be no evidence i guess i would suggest that given the the evidence that was presented i would we would take the position  submitted a written statement after she had made the statements that she witnessed this gentleman in severe pain and over walking through the store shortly after the accident that she changed her testimony in fact i don't think she changed her testimony in regard to what she had said she saw it as far as you know picking gentlemen pain she simply said in the in the written statement that she didn't recall him telling her that he heard his back on august twenty first and she was uncertain what david clment told her anything that's different than saying that than than her saying no i actually didn't see him walking in pain so as far as the credibility of the shot i don't know that that necessarily destroys your credibility because she submitted the written statement because it doesn't address what she claims to have seen and her statement with regard to  that unless i'm missing something in regard to her written statement well i guess your honor i felt that backed up and and perhaps i'm missing something but i felt that her testimony before she was impeach with that written statement wholeheartedly with justice and when he said this really comes down to credibility the key determinations of credibility of the level of ability of my quiet possibly not run into a more credible as far as the credibility they didn't simply say that the witness was credible the city was very credible but specified that was found in part based upon hearing his testimony heart based then that's then that's absolutely it's not simply his testimony here that's that's proving his credibility it's the the medical evidence in addition to that testimony is just as hoffman was pointing out the timeline and the in the evidence in the medical records when you begin seeking treatment ties directly into the statements he made about his injury it further we haven't it was very happy to find this fifteen days before this accident he his chronic neck and back pain were in baseline he was functional in this current medications working as a store manager for dollar general and as opposed to returning in three years six months for the first time in a long time he tells mr wilson at that time to come back in a year that's how confident he was in mr wilson's condition fifteen days before this current in addition we have corroborating testimony of mrs shot of who said i saw him in the regional manager comes up and says hey you need to put a statement out on paper right now and then she wrote what she wrote but i think her testimony overcomes that it doesn't necessarily contradict as well i mean in essence you're saying look