should be mixed question of law in fact applying a clearly erroneous statement in carbon land the supreme court said that this standard of review is appropriate for all appeals of administered agencies now it has not been applied to a worker's comp case and i found no reason why it shouldn't it provides that the court can set aside a decision if it comes to the firm conviction of the state's been made once you have arrives at the emergency room better half an hour later and gives the same history shortness of breath five days he's able to move all ceramic east he's diagnosed with pulmonary edema respiratory distress there's no evidence or a diagnosis of go review there's no disputing parties agree there was a preexisting condition not caused by the employment this benign tumor correct correct isn't there a dispute as to what effect his work related activities had no symptoms of stroke at the till after he woke up after surgery there's no finding in the ambulance the emergency room or the hospital of any of this until after so we can say that we agree with their own expert this condition disability that he has this related to and if you happen to work that's what we have to question so why would there be a minute to sway review because we have the facts the medical facts historical facts i think we're all reconciled with any of the known historical facts that ambulances cause the media symptoms and he didn't happen there's no tornado and there's no evidence of anything coming off this it's not there when the heart is open he came up with a speculation that the surgeon only sent part of the tumor the path ology that's inconsistent with hospital policy that's in the evidence and the testimony that's the policy every hospital if you have a tumor and occurred i mean it had to occur during the surgery because he didn't have the signs and symptoms before the surgery had him after so we know the time when it occur and it's testified that's a known complication bypass surgery you take someone out of circulation put him on a heart lung machine you do surgery in the heart you know restart the system if there's any kind of a blood clot or debris that gets to the brain this is what's going to happen and it's a known  deprivation due to you know jessica heart failure there are two separate things he ended up having paradip because of this fragment going to the part of the brain that affected his l their expert was found to be incredible literally those words were used by both commission in adopting young troopers opinion as well as a circuit court who hadn't looked at a case or practiced in ten years who was a kept man so to speak for the respondent who did consulting work only was a basket a person at one time in his life he says but there was no strenuous activity in snowballing for this particular individual or showing of this particular person was a tool and die maker who  put into service so to speak and a very heavy snow day i was meant to go shuttle he was instructed to go shovel snow pile or snow blower to small small bore this year he started eleven pm and it worked he work acting and in fact it was trying to say to vittie as noted by the only thing that mr wright did remember previous to when he was so to speak went into distress is that he had worked there was a lot of snarl it was heavy work he remembers that he gave got very short of quest rost feelings in the extremities both left right arm and legs both legs and went to go tell a supervisor when he passed out remembers nothing else because he has mental deficits at this if this happened during surgery or after surgery and this and god showering which was disclosed the day after surgery existed how did that happen because the in the entire whatever was left in the body was taken out it was given to pa that's number one of brain damage however at the same time because there's continuing pressure to use a plumbing example there's continuing pressure coming into the spike space one of two things happens almost immediately a you need a break stop where it goes down bowel because of exertion of energy is that correct answer that's correct hypothetically if the tumor moved over the mitral valve as part of an exertion energy then would you agree with me that the mbox broken and soon in your opinion that that there was no exertional event from all these hours of snow blowing in this the condition man existed as one of the many examples and if you look at it the way i look at this case it's really that there experts of which the court has a right to rely on the outrigger right to rely on in the commission had a right to rely on it and there their opinions would not will not be disturbed because of the manifest weight of the evidence standard and i would contend respectfully that the reason that they want this to no for all look is is really to hope that this manifest weight standard would get around it but the bottom line is that it was a stand this was a decision that the arbitrator ruled the commission ruled and the circuit court ruled affirmatively and with quite a moment of robot all three of those did  thank you the families of the commission that i had identified don't appear in anywhere in the record that i can find and i don't know why it said they were there if you pointed out fine but there's nothing in any of the records that talks about him having brain damage prior to getting all the neurologic exams are normal until he sees the commission decision has to be supported by the record the this court overturned a commission decision based on a drop of speculation as to there being debris on the floor he said there's no testimony there was debris on the floor someone fell they better have some basis for saying that there was debris it's equally possible there was debris or there was not debris so even though the commission ruled in favor of the claim that this court overturned it as being contrary to all this falls in the same category i mean they're claiming that there must have been some debris in the heart from this tumor that went to the brain where is it where's the evidence of there is not in all the evidence says that it's impossible this if it happened it would have been signs and symptoms and if it had been missing the c t scan three days later shows that we know when it happened it happened during the surgery he went to sleep with full use of his arms and legs and he woke up with partial paralysis was the snow blowing in he himself said was easy to push with one hand is not extraordinary is closer but it wouldn't really matter because we know why he had surgery that causes if he had the surgery because he unfortunately had a tumor in his heart th develop congestive heart failure a pulmonary edema in five years that was obviously something that was developing over time consistent with the five days of symptoms it wasn't caused by a cold cold doesn't cost ingested heart failure and pulmonary tumor get broken up into such tiny pieces that it can go through the tiny blood vessels in the brain it doesn't make any sense what makes sense is that some