worker since one nine hundred eighty nine and you just heard it has before us talking about manifest weight is there evidence to support missions decision and why should this case be the one where manifest w because they say it is doesn't make it so there has to be some type of factual basis some type of logic some type of reasoning or the final solution of the we have decisions that are based  the record the facts and that are just because there's a lot at stake for mr harms he's not someone that's had a lot of claims there's fifty eight thousand dollars in medical bills t t d attention to his career on the line in this case in it's worthy of review is martin's dr martens just along the only problem you see in this case i think it's the major problem because the other physicians where there was earlier in the case  had commented in his notes there was a causal connection between a muscular injury in the jenner to this disease and aggravation in dr howard's direct cross redirect conclusion that there was a causal connection as to you know his symptoms waxing and waning i think mr harms it testified that it could vary from a four or five up to an eight maybe a little bit last mr dr howard i believe testified before or five on a motorcycle yes and eight no and that's the thing the other thing that dr howard commented on these pain scales are you know subjective what a four to five is to mr harms might be great amana six the somebody else so i i don't know how objective that is in that regard and it's not something that mr harms hid from anyone in this case i mean he testified it's an easy ride a motorcycle no evidence he drove it more than thirty minutes or thirty miles from his haitian no physician ever restricted him from this type of activity same thing with the volunteer fire fighting i mean that wasn't even commented on it commission's decision and the chief is the first person that testified that said we knew about his injury right away that you have back pain is any different than writing it out i mean for the short periods of time waxing and waning i think that's part of the reason in this videotape was that perplexing the weather for me in the case and that my guy admitted he did all that was he's not saying that anything in the video is an actor of the trailer then you can't see the pain that he's and but the point is how is that writing on that motorcycle any different than being in a car for that amount of time i mean i think that just the fact that he's on a motorcycle when i come down to and say how are they believing this smart guy why is marvin believed here when i look at he didn't look at the discovery and he didn't have these records he only says it's a muscular injury and  contradicted by the other testimony in the disfigure and what is it about this case and i think it's a start motorcycle but nobody restricted him from it and you're talking about how the how often did he write it we don't even know we have forty seven minutes of videotape there's a million minutes of this life of gone by and he and we don't know that he's writing it every day what type of trainees and what he's feeling you know that and he admitted to doing that i don't see how that's the problem  he was you know aware of its factors in the case dr martin you know after these injections in the disk a gram he had he didn't see him since i think it was june of zero six in this case you know he had significant degenerative disc disease in this five maybe it's kind of equivocal and again you're on this pain scale issue where is one person's pain versus the other i just i just don't save roy for someone because someone's writing a motorcycle was willing to consider a fusion in this case in dr martin's own or the muscle strain in dr white or had been before this panel many times and he's not it an respected physician by any means and dr howard with still all this you know with the talk of the motorcycle or in the questions regarding the injections sticking with this patient streetcars he didn't abandon them in this case for these reasons i suggest that the commission's decisions against the manifest weight thank you of taint in each day one day was higher after the first f c the second day and more of a computer task it was a physical demand lower the examiners never said that his performance each of those days was inconsistent they said that he gave a full effort during both of the tests so you have to look at what the actual i mean you can just look at say there's a difference but you have to understand what the tests are testing the first day he's lifting weights and recreating his job and i think he testified to lifting seventy five way it's really wider what pressures being checked for inconsistency is not saying he's inconsistent or not giving a full after i think the court that was another argument made should understand that that's the meaning or t