like to discuss initially what is really the controlling argument in this case which is whether or not it's against the manifest way the evidence that the commission most important argument i've lot of i do concede come in in here that it's a manifest weight argument i'm not here to say otherwise and also not an issue you know we're not disputing  gentleman mr white the record shows he's high school educated as best i could tell it's roughly about eight year history of maintenance six years or so with the school in a couple years with the municipality which is july twenty fourth teen and then he sees dr bash shows the tree dr roughly in july twenty fourth teen and he gets imposed with overwork restrictions eight pounds constant twenty pounds frequent forty pounds occasional  and then also no overhead work and no vibratory tools my client and accommodate those restrictions as part of the work injury and the surgery he developed his vocal cord  of you know if you can if you boil it down to his essence were on the side in terry light category and there's a couple other with no overhead tool usage and no vibratory tool usage one of my points in the argument a sedentary work is of well known branch of the labor market and i say to an appellate court case this alexander case where the court says hey there's lots of different types of employment that involve sun terry work  to asking the question is is this man of you know disabled to the extent that you know he can only perform the most menial tasks that no employers ever going to hire  him i'm contending just based on dr bash those restrictions if you look at that there's still a residual functional capacity that he has less of a residual employment capacity namely even taken reagan's his opinion he can't do anything but unskilled labor in that sedentary range all right fine well even within that range mike tension is he's still employed will in the open labor market your real  right the great reagans testifies it's a striking argument that reagan says well he did a diligent job search and therefore that proves he's on employable in the open labor market right and i'm going to have myself m  men but it's not if you if the court would take the time to look at the job search logs and rather than just defer to mr reagan's who says well based on the job search logs he did a diligent job search if we're going to look at the job search logs and yes the question of whether they're diligent or not you know we first have a definition of what is that what is diligence because it's really not the case law it's talked about in some of the cases such as alexander but you know the quantity of of job search whether you know they've used that you know technology that's available on how much they've done in terms of the job search so the cases talk about it but it's never really defined in terms of what the standard is so when we you know us is a fictitious and we're trying to figure out what is  that was their conclusion so why you are now arguing that he didn't and if so what are you basing that right well there was opinion testimony from his boat was right the local councillor for the respondent she really the only one that looked at job search logs and you know she's critical of them and points out a number of flaws in the same type of flaws that you know  doesn't take him out of the stable labor market my contention is if you if you take as permanent work restrictions sujan are understood to take what basho says and still left with the petition r who has if you know he's in the light sedentary with no overhead use no vibratory tools right if you take what reagan says he says well none of those skills that he had before transfer to write his residual functional capacity or employ really today you could take that i still got a guy who's sixty years young he's a military veteran and he he has the subset of the employment market that we call unskilled sat in right position is even taken everything that reagan says is true if you look at the actual medical restrictions i'm going to talk about medical vs perceived disability in a second if you take the medical restrictions i still got a guy who's sixty years old in his white geographic area and my refined name all the cities in illinois all the cities and missouri that are show up in his job search logs so it's a white area and for the all that and the the point i make in the brief is there's a difference between you know medical restrictions mr reagan's can give happened in opinion testimony on a vocational point but not on a medical point so you can't raise the claw disability to approach fiction because basher didn't oppose impose any or the voice problem that's not an actual medical restriction but understandably that could be a perceived disability by an employer in the open labor market so where i i differ with mr reagan's and where i think you know he doesn't go far enough in his analysis is you have to say because he cuz of that those disabilities you know he's unable to perform the essential functions of the job it's not enough to say well you know some players don't like people because they you know they wear certain type of clothing or some types of jobs that remain available to him and she mentioned you know security guard she mentioned because it was made in the background he might be good if it were combined sales das there was another one that she talked specific place because very often the evidence is in a rural area fifty miles fifty miles from any reasonable doubt that you're talking about right i believe the evidence is sufficient just from what she she testifies to available in his labor market and you find other that have it other than her testimony that they are in that letter then yes the money or general testimony opinion within a reasonable vocational certain these are the types of jobs that he can still perfor if you look at a case like alexander i'm in where this there's you know job search was flawed in the courts as comes out right so you know i don't think i have to go that step necessarily when when we have a bad show restriction the permit restrictions still allow a segment of the labor market whether it's sedentary or sedentary light that that's enough and its face to beat back the petition at that point the burden to chip to the respondent to demonstrate that there were some suitable formidable to the petitioner in his circumstances there is no evidence of the record to that effect but what do you make of his argument that he responds by saying hey wait a minute those testified as less than a bunch of jobs that he could do he rather so how do you respond to that argument there is no evidence in the record that those jobs exist in this labor market were actually available were article that's he had to do but he it's not as if you he did this in a vacuum without advice but that doesn't happen there are a number of different sources for job leads here he tried all of them he did tried a number of jobs he thought worked with those restrictions he doesn't always know what jobs are with your restrictions when you're applying for a position there were criticisms and that and criticisms that he wasn't allowed or didn't leave a job application onsite when they were told there were no job openings  he's either admissibility reads we is one of the other ok so let's say close to wait then look at the job search box which area in the evidence of my contention is according to cases like alexander he doesn't meet the