case the commission ended in deciding this case specifically found titian are not credible in their decision they cited five different examples where credibility was lacking credibility was evidence presented at trial as to petitioners capabilities by both surveillance evidence as well as his own testimony mr white's was on testimony it was able evidence of human  evidence if you look closely at the responses to the number or respond presented evidence that petition would be capable of earning between thirty five dollars and thirty two cents and thirty five dollars and twelve cents decision to assess whether mr white song was credible or not and they didn't find him credible therefore they felt that he did not meet the burden under section eighty one to prove up entirely to wage war on us therefore they denied there's no there's no  argument here from where i stand that the commission got that wrong i think they got an absolutely correct because the one who got it wrong was judge column king county who felt that he had the authority to overrule their to the credit or lack of credibility for mr white so for the commission to render it render their decision as they have and has made it is as was as was overturned by the circuit court in looking into the credibility in opinion offered by dr shank as to petitioners abilities to perform carpentry work ensure there was evidence always supporting the decision with regards to the commission's decision on credibility any reduced furniture passed at nine dollars an hour they felt he was capable of earning substantially more than nine dollars an hour by virtue of his physical conduct time on both john and surveillance as wos own testimony fisher conceded that testimony at trial that he was engaged in construction type activities based on that information they felt trisha was given for people who are much more than nine dollars an hour and they denied his wage was where he was  was engaged in what he was capable of doing i think making an honest effort to engage her trying to earn an honest wage based on that contention based upon their feelings are not his credibility they felt that they would not th were not able to work it one way to respond respectfully request that they got to write the research work in reviewing it did not get it right we would ask that the decision of the commission be physically capable of doing more demanding work in his a collection however there is no showing that such work is available to him and there is no showing that such work would pay him more he is still entitled to a differential as a matter of law explain to why section eight he too has to well first of all it must be proven there's an incapacity from pursuing the usual customary employing the second element is it must be difference between two thirds of the difference between what he would be making if he wasn't injured and he entered your mouth that he is running after the exit the second method is two thirds of the difference between the amount that he would be earning a suitable employment here the commission found the employer did not present evidence of mr white's or incapacity so we had the finding that he cannot return to work to his usual customer employment we have he's no longer able to work in his high paying job and sheet metal work he was demonstrated that he has an actual loss of earnings over a period almost ten years from november of two thousand six it he doesn't help transferable skills he doesn't have any specific education geared towards any type of  estimates supervisor positions which he couldn't find he he also talked to the late carpentry job but that was not the regular work he had to pay ten dollars an hour and it that he looked for him taint and he were a number of different points including late carpentry including a bartender including a waiter including a supervisor of maintenance and be making twenty dollars an hour and the award for the wage differential would still be the same amount so he's got every incentive to try to find a higher paying job this was the best he could do to conclude that he does not two thousand and six so it really speaks to the actual procedural circumstances of why he didn't make it remember back to the commission's kong but there was about a three or four year gap there were just nothing happen third yes this man he spent you know this this case has taken from he age of twenty eight he's twenty eight he's actually happened he's now forty two so this case is covered his  said you know there's not enough evidence here we don't we don't know what this what decision to make when it came back in two thousand and six they said we're faced with the same situation we find the petitioners credibility lacking based on that we don't have the ability to award an eighty one which will simply put if you don't believe the petitioner is in everything else speculative are we going to guess oh well actually if we book if we don't believe you but maybe you could be making twelve dollars an hour fifteen dollars an hour twenty dollars an hour forty dollars an hour they simply didn't believe he was doing what he would be capable of doing given his physical restrictions as evidenced by the surveillance of this case goes back to the commission's findings that they did not believe to share some testimony there's ample evidence in the record to support that credibility finding i would ask that the commission decision reinstated as completely within the bounds of