was we have a bit of a catch twenty two it is an interesting scenario and i won't deny promo only on there are portions of it which need explaining because otherwise the person would wonder why i bother file rehabilitation at their facility no worker's compensation claims no restrictions on her activities no medical care during this time in january two thousand and nine she decided to step down from being a full time therapist our director of therapy to being an actual therapist it's this is important january two thousand and nine she is not seeking any medical care she will acknowledge she said history of having some neck problems but she's not received any significant medical treatment and all that all she gets is a little massage therapy once a month but in january she goes down to being a full time there this and here's where it gets interesting because one of the witnesses for caution for the petition here is in fact an employee of the respondent and is a doctor who works for the responded and she witnesses the daily work activities as a full time there this which is eighty five percent hands on the for billing purposes a physical therapist gets paid more for actual hands on labor than for other  and all the turmoil we face different mission and we have to see this in that reality hat because what we have here i believe how do we do that is reaping value in the record why don't we go outside the record you don't need to you don't need to all you have to do is look at the record dr kennedy after she last works there in december she's asked by dr kennedy that's in a record to some page five twenty one of the record self she's asked is this work related and she has an answer yes and she doesn't answer no she it says i'm sure she doesn't know this is a she she could have easily checked yes or no this is five months or three months at this point after her last employment just check yes she doesn't check no if she doesn't know she doesn't know here's the doesn't know what when she went to the so she's under care because the moment she transfers from and not lifting the occupation to lifting people every single day is when this this isn't living like i would do in my office this is the human beings small immigrant polish g nine and she's required to do all this heavy lifting this is when the breakdown begins so i can in good faith say yes july twenty third is the only singular event or live to chart is the only senior event because she's already in this process she's already scheduled purnima right the next day i can't rightly pick september because she wasn't working in september i can't list the data backs in which she's not actually employed but in september she talks to her boss and she with tears running down his face and he's a nice man he knowledge is yes she did have this conversation she says lifting all these people i can't do it and i'm breaking down and he acknowledges that they have this conversation so at that day you could say well that's the day the cheap becomes aware of the cause of the accident and but the a miscarriage of justice not to know who he is and even bring it up in the deposition is he is a pot heat he works for them plain and simple he says he doesn't need surgery right there you should question whether or not they really wait you have a problem when you have so i don't know i can't it's not like this court where i can look back and see the reason that comes down with the decision i want i don't have that benefit so what we have is a lady who clearly is doing a job that the credible doctors also use the kind of thing that can eithe know that the employer knows about them because it's a temper first she's standing there crying with them saying i can't do this so he has noticing is most of the forty five case that bet so that's the day we checked so we satisfy the notice we satisfied manifestation and you wait no reasonable person would ever take dr bernard its position we just deposition read read the records read dr taylor taylor's actually on this physical job look at the so so far not to be right every other doctor and the don't understand but an analysis of that is exactly what this course for to say yes this is one of those rare instances where the weight so profoundly on one side that we simply cannot get dr norman the same credit for that reason y i mean i i think that he's very qualified to make these assessments he reviewed the m r i scan and the c t scan arm i mean if this lady was in terrible pain like he wants to present i think she might want to our pursuit of surgery it was clear that she and i i believe dr bernard being a board certified neurosurgeon stands just as high if not higher on the realm of our the board of credibility then does calling ploy slash friend who had been working with there why didn't that dr put it in the record why did he have to take the testimony and drag it out of her i mean look at this lady's credibility i mean she's the director of rehab the director of rehab that testified during arbitration stated everybody knows that if there's a work related injury then you must report it to me and thereafter i'm going to do an electronic document such as a form forty five filling it out she was in his position she knows the then there's evidence in the record where she talks about in august two thousand and nine that she knew her pain was being aggravated by her where she stated that i mean there was countless inconsistencies i know just as hudson who you noted that in the medical records are inconsistenc let's take a look at i read the transcript i read her testimony and came in conjunction with the briefs in the records and i mean it's consistent inconsistent i mean for her to say i think this is for her to say that that's a good question because she had she was symptomatic all along you other than anything in the medical records that i think there was something in there that she had she had a prior horseback riding and spent about twenty years previous and i don't know if you can take judicial notice of this but  one this could be a temporary flare up such as a sunburn or you have a sunburn that's there you hit it it increases ten minutes later it's back to normal and that's a fair  always right but i mean if there was an actual antic she said it she said seven twenty three and then there was an incident that occurred she said at the house but on august third of zero nine there was an incident that occurred she didn't say where be i believe it's sufficient enough to well sufficient enough to support the commission's decision i certainly believe that in the end you guys put it in the province of the commission to judge the credibility of the witnesses actually booked work in africa the idea that there's inconsistency no there is no inconsistency in her test in her medical records i've heard you just said you know about the inconsistency is no there's no consistent the consistency is she doesn't hat are classic example of picking up something that pop up this isn't that so no in fact it's the exact opposite that to say that there's an consistencies to me shows it profound misunderstanding wrecker's her she is consistently not telling them it's work related and back in december she says i don't know if this is work related she sat is at work related in a form that's the page five hundred twenty one page and she says she doesn't know so that's not inconsistent it's not kind of thing which will aggravate the degenerative spot now i look at how do i pick a date well there's a date she remembers that occurring and there's the date that she told employer i can't physically do this any more they're sure clearly within forty five days