appeal of the majority of that case there's no dispute that the sister suffered an accident as a timer twenty one two thousand and six that resulted in a back injury to the petitioner what is an appeal is i believe it is against the manifest weight of the evidence that the disability any of the other decisions it's just they meant the medical bills related to those two later injuries correct the first incident was june fourteenth two thousand and ten and as you can see that's getting close to four years following the original accident and is in relation to separate body parts of the left leg versus the back which is what it used to be the treatment was at that time and i think also significantly the petitioner was last seen by her treating physician dr your men in december of two was the bottom line of pain because we connected correct he did ok and then along comes bernstein who says it was unrelated to the back injury just getting into politics right correct so where does that leave us well i believe that document's testimony was not really based on the objective evidence dr bernstein's is based on the fact that they did objective testing they did not find any ridiculous apathy there was no evidence of it in any objective testing that was performed was no real complaints of objective dig out of the prior to these incidents i said let's  leave the weight of the medical evidence and the credibility isn't it still up to the commission to do then do we substitute our judgement on their decision on medical evidence now i don't necessarily believe you're substituting your judgment on it i believe that the facts  clearly as states under supports the opposite conclusion is clearly apparent i believe it is clearly apparent when you weigh the totality of all the evidence in this case and even more so in the second incident in december of two thousand and ten when she's walking downstairs to do laundry things that took place four years almost four years and then over four years from the original incident are different body parts there's really no treatments for those body parts ever before but he's insisting on the argument that the actor  was going to say that but how do you get to the finding that it's against the man if this weight without finding then bernstein was a period you can't get around the can you can't he's one way or the other kid to fall i know you can i don't know if you're saying that burns these opinion was superior i think what you're saying dispute the fact is she back injury and even bernstein recommended that she have the treatment that she had that we authorized authorized her to go to florida to try to laser spine treatments where three authorized a bunch of treatment for doctor i mean we authorized you could have had surgery she didn't wan look at the two separate incidents great distance in time from the original accident they're both different body parts in the original accident and based on the fatality of everything that is before you i believe it is against the manifest way toward the  matter and councils recitation the time frame on this matter is perfect i trust you've read the briefs you know that there was a significant gap between the initial date accident in two thousand and six and the first accident at home on june fourteenth two thousand and two thousand and ten accident because there was clearly something going on in the leg that needed oh so this didn't come out of nowhere and there's a factual basis we're talking about facts so again we're talking about the manifest weight of the evidence standard conclusion that is clearly apparent to persuade this court that the opposite conclusion would have been correct we left that to the commission it is the well settled rules as you've spoken about today and i think have the evidence standard means that going to the circuit court and coming to this court asking for another different opinion decision rather would be fruitless thank you very much  the original two thousand and six like her back to cheery aerated no one is claiming that no one is claiming that she did have a left knee injury that caused ligament damage that deteriorate that causes issues there's no proof of that these are two separate intervening accidents i believe they both