the employ of the ever appeared because the right wheel would shake the boss sent him a text message that night just before the accident saying that the mechanic would work on the ham truck that evening now mr gonzales is ex girlfriend was subpoenaed into the remember i don't remember hearing anything about this and he never came and told me what happened so going back to where we were the extra often see some come home the night of the accident limping bruising and swell she's the ex girlfriend i then find that he didn't give it notice of the accident later this on me but that's i think the commission ignored the text message i think the commission ignored the direct examination direct evidence from the  i think he even said i don't want an accident i don't want to be an old man so he comes in that night because he's angry he not only told him about the accent he showed them that the knee was squalid and that was mr chandler didn't come into the court mr new guy did but this was two years later and if you read his test when he doesn't remember anything about the accent doesn't remember him being told about it i suggest the reason for that is because this just wasn't serious enough for him it wasn't a bone sticking our somebody's bleeding and if you read this testimony you could see the way d he never signed any medical treatment for this lady overall he testified in the scale one to ten on his pain was a level mine he knew it was terrible he knew it was getting worse and of the girlfriend the reason they had a problem with her is because of addresses that were put in the medical records for gonzalez that's the only thing the commission could could bring out about the girlfriend is th the truck was they used the truck logs to impeach this man when there was no one pietschmann failure on the other one was the as i mentioned the impeachment they have a girlfriend for an address put the records from somebody else and as well analogy of this case i'm not in front of you saying that ninety nine witnesses said the like was green please don't quote the defense witness that said that the light was wrecked if i had that situation i wouldn't be here what i have is i have cameras out in a side of the intersection showing that the light was green i have a text message before i have a text message after the text message before prove that that hand truck was broken in the hand truck was broken and that's how i fell off the ramp in between what is the text message say afterwards they knew that his leg was injured how did the late get injured within twenty three days between the two text messages he testified clearly convincingly was the saying that it happened three weeks ago in june th and it was february that's the only thing the commission latches onto in the bay run description which is otherwise a very accurate what i have here is i have five the work through was after the accident to keep working through going back to what what you asked about the libya pain level i have been an educated man he's going to say the pain is night out of t yes they had the dates that were off but we see that in many cases a common firearm marriage we don't have perfect historians as clients we have working people who don't pay exact attention to detail they're out there working pro living and they're out there evidence to the contrary place this is a question of did he tell his employer they he had an accident while working on march the th he said he told chan and there's no evidence in the record it doesn't mean it happened it only means he told and it goes beyond that how do you explain the guy's expresso verse that mr chen needs to know how you get your legacy feeling better how would the guy would be it actually is not a step for them to sue alternately concluded that they don't think he gave notice either because they simply just don't believe him over all but with respect to the time he worked on march th and there was no witness indicated that she was with him when he went to the emergency room and the history that was given is that it happened three weeks prior which would not have been march th it would have been march th or somewhere in that  remembered that it was st patrick's day adamantly because she was half irish she was scheduled to go out and party with her friends and her family and that she couldn't go because she had to stay home and take care of what would be a pearly memorable reason to remember the back those radical records on march th also indicate when he gets there he's complaining of both of his knees and not only does he complain about them they have fully examined him and take x rays of both of his knees and nowhere to be on that day does he ever talk about that he fell on both knees or or any of them and in fact when he was asked about whether he'd hurt his right knee he said no and his witness was asked when you looked at him when he came home on march th did you notice anything about is this significant way he sees the emergency room on march th they actually give him what would be the effective three days of off work status when he's supposed to ice his knee every four hours which you couldn't do if you were driving a truck but it april th he actually bends to and start dr hussein for a separate issue that's not related to this claim and that record was submitted because it shows that dr hussein performed an entire physical examination the specific finding injury on march th with the full description of i was coming down the ramp and the wheels fall off the dolly and then i fell that's the very st history when he's already there for worth repeating about ration and then it's just a few days later that the application for benefits  so from the st medical treatment on march th until a text message on july th there is no documentation of anything to substantiate that the petitioner told the employer that i heard myself on march th and that's what i'm claiming this injury occurred so with respect to the overall point that there was no accident a part of that was in fact due to the credibility of witnesses and it wasn't something brought out significantly but it's actually in the dock and record it self and it's in the exhibits the petitioner actually submitted as his own exhibit two were his work logs that he created he submitted them and  and that's what he's admitted into evidence however not only did the responded submit the work log showing that he worked before and after the alleged accident on march th he worked at all of his regular off work burkett is a driver want to do the court do i don't i guess substantiate that he was injured except that it the contradictory evidence was that he actually worked that whole time and he did every problem he was supposed to do there sort even though we might have been with the case in the st instance we just the opposite the policeman if it isn't determined whether or not they have sufficient evidence to support their position i think they have very little if any evidence to support their position i don't think they have sufficient if i was over here i would say there's not sufficient evidence to overturn this there may be a point here and there a little bit here something there but not sufficient looking at the case in to that point you know whether he's hispanic or i he there's no evidence that he knew about st patrick's day and that's why i think the commission turn this thing on its head they put the two of them together should she have known about it sure she should have she brought to the emergency room