that even if she had an appropriately terminated before she quieted it doesn't that render you know people for her disability pension so i have that discussion personnel talk about the circumstances surrounding this alleged terminations which  firefighters and drawing a greater sense next page to repeat that same legislative intent when they say disability pensions are to be here only to firefighters who would still be employed as firefighters if not for their disability then there is no dispute in the record that that's the reason she didn't report to work but number two as the record indicates that she testified to she had an ongoing visitor workers compensation case going at that time so they became condition marring that they didn't know but number two even if they didn't complete the paperwork but they claimed they did it wouldn't have been a valid terminations and therefore they can't come in and say she was terminated the brief discussion of the main facts will help understand about our being ok with regard to the time where they produce no evidence that efforts are placed there's no document didn't you there's no testimony from anybody who was involved in that about what happened on june tenth this june tenth date magically appears you're not even suggesting that she was sen which would which really offset any damages should there from being fired she is be consistent her position is that you can't do the job right now as a result of this pension here's the other thing i want to point out is you know it's a very important thing that mrs nice testimony she and so we now are supposed to believe that it's a coincidence that three degrees before they received her education the second time they created this noticed it's not illegal they knew she was going to apply they knew it because she had already call abandon the employment that's what happened here i think that's a logical inference to make but he's hammering this issue to the department did anybody attempt to give her notice of the separation if you'll do it once it was obvious that after this court ruled in march two thousand and ten she never contacted the police department and she never notified them of her where dress wouldn't they attempt to send it to a westover address i mean than that they may have heard there's nothing in the record that indicates that but we do have mr nice testimony in the record that she was charming on six to two thousand and ten and there's a separation for now the fact that the separation form is dated differently is irrelevant the she could have easily either amended the application or are you in the alternative to choose disabled from the would cut condition at that point in time she didn't do so after this  never told her that she can you know the fact that she's no longer of a police officer she's still eligible for a pension so whoever told you that obviously didn't read to fall on freberg or will be at the station because address it but as it stands now it's clear that we have terminations we had an application after determination in under case law we  of two thousand and eight when she had a recurrence of great toe discoloration and after that offer surgeries began the medical records do it back on page sixty nine of the records document that her full was fighting condition became disabling while she was a police even states in there that the decision of the police chief is subject to the review of said is seen through the agreements an arbitration procedure so nothing about the collective bargaining agreements that they don't have to give notice in fact do or the collective bargaining agreement itself says it is decision is something to the review so yes they have to give her notice how else can you be subject to review we can use your common sense to say that yes they have to give notice on the collective bargaining agreement if they decided fact that she was terminated joe but there would be more evidence of that easily as tainting the evidence of that it didn't happen and the other thing is that this is there any evidence of this century old it was either that doesn't get us anywhere to say