i like to think that i'm not old but i have around all the time and i consider myself fairly objective and when i've had a successful result i can look at the record and determine that probably there was evidence to support the other side winning so this is the first time i've ever had a matter worse soliah manifest way to the evidence argument and it's because i believe in this instance i probably haven't done as good a job as i should have been asking the right question because i keep getting an answer to a question i didn't ask rather fish or worked for twenty one years as a lineman twenty one twenty four hour day jobs when the winds are down on me poles putting wires up doing everything with the records of course and in that period of time he developed a degenerative condition in his right shoulder now i surface is not the accident is i keep being treated as a specific injury so i'm here today to ask that you tell me one way or the other whether i've done the job of proving a repetitive trauma case he did work for twenty one years he did on november thirtieth then the wire that you see there and it did produce some minor symptoms i contend that that is only don't like is how he downplayed the impact of the basketball game yes all right throw out his claim that the bending of the wire did anything we know  played basketball and we know he had a rotator cuff tear that did a basketball game cause the rotator cuff tear you know because both doctors say this is a chronic injury that's been there for a while it is not an acute injury which occurred as a result of the basketball game dr johnson is very clear about that so given the fact that he's worked twenty one years and he's got a rotator cuff tear and he played a basketball game in the meantime we don't have specific acute injury to spread ability this is in the nets his shirt and all the issues he brought up all of the the basketball game he admitted the symptoms before and after he admitted so off i'm i'm stuck with the arbitrator's opinion saying that he felt he was minimizing the shoulder bending wire and i don't believe we did now i will admit that the petitioner believes that's what set his sets off but the medical evidence demonstrates that the condition was there for a long time coming back saying that it is not a specific injury and i will acknowledge that there is evidence to support and that is not against the manifest way to him but it's to say that it is not a specific injury on november thirtieth i never want to do that because even before i started this i saw basketball games a problem and i knew that that would be an issue and i thought that there was solid evidence that demonstrate that this event an on going to generate process because of the kind we list the specific events that we agree and disagree about and causal connection would be the statement that we would indicate a disagreement on and i don't believe i've ever indicated t and subsequently the commission considered fischer's argument that his alleged accident was the result of repetitive trauma improperly dismissed it he's asserted this theory to both tribunals but based on the facts commission appropriate be treated the same as a specific injury when addressing an accident and causation fisher's application for adjustment of claim his first report of injury the medical records and his own testimony during all up all of these proceedings indicate a specific traumatic work injury as you pointed out his testimony at arbitration i asked him specifically if you was attributing his injury to the specific work activity of spending wires and he said he was legit be experiencing pain for the first time on that day while doing that very specific activity and he testified that he was asymptomatic prior to this alleged incident and was able to perform his full duty job functions without shoes for twenty one on why is that there was no report of injury on the date of accident there was no contemporary and contemporaneous medical records on the date of accident he did not report this injury and did not seek medical treatment until the following monday this accident occurred on a friday that saturday he played in a basketball game so if something if an accident had occurred on friday it was not to the point to prevent him from seeking immediate treatment and it was not to point to prevent him from playing in a basketball game the very credibility of the witnesses and to resolve with the medical evidence is not the goal of this court to reweigh evidence and substitute its judgment for that of the commission but that is what fisher is asking you to do today as a tr fact the commission found fisher was not a credible witness his testimony is the only evidence to support an accident in this case he testified dead on the date of the alleged accident he could no longer perform duties so he had to ask a coworker to finish out his job duties that did not present that coworker to testify at trial and again there was no report of injury on that day he did not seek medical treatment on that date until after the basketball game which is what the commission attributed to causing his condition which is what the commission ultimately decided was likely because of his condition there's no evidence because he failed to prove prove that he sustained a work related accident this court need not address cross ation not you cannot establish preservation without proving you sustained a work related accident regardless submitted by fischer to support his allegations that his condition was causally related to the alleged work injury so the commission as a triad fact utilizing the evidence that was submitted that arbitration correctly concluded that he failed to meet the burden of proof with regard to accident and causation and tolling finding holes in all that stuff and then i said doctor taking those items into account do you have an opinion as to whether or not that would have aggravated the right shoulder rotator cuff and he says i think without question those types of activities could have a causal connection in certain aggravation so there's no numerical compound ding of the vents in the record there is in the opinion of the surgeon the type of bac rotator cuff and he said yes to all of them and then the last question i asked him was whether or not having seen the piece of wire whether that would put a stress on the ro banding it and he said yes a lot i really don't think there's a great deal of disagreement between the medical testimony and you point out to me one thing i didn't consider and that is i don't have seven times a week i got in