unusual but the claimant has to prove in these cases that there's been a material changes in this case pulmonary condition between the time of the first hearing on two for thirteen and the time of the second hearing on five usually five five sixty one take a look at his testimony by five sixteen he says he's been on oxygen since the hearing before on two for thirteen solo misleading because of the time of day two for thirteen hearing already been on oxygen  once this guy got put on oxygen he never went off oxygen by five sixteen says he needs help every day around the house to four thirteen he says a stepdaughter and a friend help inside the house and that he gets his yard to hire analyze this guy's condition as of the time of the first hearing and the time of the second hearing to determine whether its condition has as materially worsened or his disability has materially increased s that hearing well i suppose if you if you have to accept the fact that he was only disabled to the extent that fifteen percent of the man as a whole at the time of the first hearing and he is now out of the senate will the court and to them to the extent of and fifteen percent of them is old and the medicals the same today i guess you still fifteen percent of males all that you could argue that is that's right well i don't think that's really essentially the same as it was at the time of the second hearing on by five sixty that's the argument because that's what the medical support i there was no materially hers that's right has not eighty five percent of a person's a hole in the awarded him one four hundred twenty five weeks is four hundred twenty five weeks equal to eighty five percent or is four hundred twenty five weeks equal to seventy percent because you already got fifty percent of the eighty five well which is it i mean i don't know if the eighty five percent is four hundred twenty five so silly ok so if he is now eighty five percent but he already got an award for fifty percent don't you take the fifteen percent off of the eighty five percent and only give him the difference your he's recovered for fifteen percent  electric wheelchair at that time the  someone in this case mr new neighbors medical care when he cannot breathe without oxygen to the prescribed twenty four hour oxygen must have a severe pulmonary problem and again as i said once he was on it he never got off it obviously is this guy was already on oxygen he already had the issues that he testified to at the first hearing he had severe c o p d there's no indication by any doctors i'm not sure no difference but not a material change ok i mean there may be minor changes and i cited a case to that effect the other you know there might be a minor something here or there but nothing significant a material changes really is important something that happens in the course been on oxygen since the first hearing well that's true but he was on oxygen before the first hearing ok so i think he was saying things that yeah well i haven't the last couple years since the other hearing i haven't been able to do this seems to me as i was kind of seen before material change occurs at some point i know there's a it's a gradual thing up to maybe to a point but in this case for instance it wasn't just as all of a sudden on twelve eighteen twelve this guy went from a mild problem to needing oxygen he worked up to it but the point is the best material change to me when the when oxygen is prescribed ok i think  had your question the commission didn't say when there was a material change they didn't give any specific facts they said they were gave general the medical supports the sort of the record in general supports they don't give specific facts and i think in a case like they said i was i i believe that the commission you know our was not the right word they messed up in the way they wrote the decision and they cleared it up in the end specifically they say eighty five percent and it looks like it's going that way these eighty five percent but then when they get down to the important part when they say moderate you got to pay this the part where it says it is therefore ordered then it all clears up because at just sustain a material increase in his disability how much of the increase to the extent of eighty five percent of a person as a whole that would be totally fun it would be a one hundred percent but not a the what commission role they wrote one thing one time eighty five percent man to hold now but clearly when they skip the parts as it is therefore order what i consider to be the real need of it saying what you gotta do they said four hundred twenty five weeks that is what they said that it had increased and there's room to fit fifteen in eighty five that's one hundred it just doesn't continue it's just one hundred weeks so all they have the power to do that and you have to pick which one to their name because they said two different things and i say that that specific always googles over the general and the specific yes in the it is there for our part where describes the weeks and say why that number of weeks prices increased in his disability how much to the extent of eighty five percent that refers to the increase i was an english major i remember a lot of it not all of it but s just the way it is i'm getting over but this man quit mining twelve years ago if i was first case eleven years ago the truth is he got fifteen percent on that first one that was wrong but it's additional four of a flyer in twenty five weeks or they're supposed to get a credit for seventy five weeks they must pay the difference because if they don't you get one of these they don't  you have to pay that last seventy five weeks pending a determination by the commission but the only thing that would be additional seventy five weeks not the remainder of it that wouldn't be an issue all they d f to pay th didn't stop a you know the only the only thing would be an issue of we sent it back is is it four hundred twenty five additional weeks or was it four twenty five minus seventy five but the difference between four hundred seven twenty five and seventy five isn't even an issue they have to pay that and they'd have to pay t in his disability to teach that to be eighty five percent the eighty five percent modifies the increase put on the first page of the decision if sad as it has materially increased to the extent that he is now permanently disabled due detachment of eighty five percent so it's i mean it's a direct contact it it is and buck my question is is there a way to resolve that really meant was it was an eighty five percent increase than what's in jeopardy is the additional seventy five weeks that they could have or that your client  years therefore section says his he his increased our worsening condition is eighty five percent of a man that's how much more he is is that reasonable well everything of doctor said he was totally firm disabled the only thing that would be an issue would be seventy five weeks they would have to pay you in mediately start a new three hundred fifty weeks they would have to because if they did you'd be in there for penalties  if the the finding section  about this argument that there was no material raise him i disagree with the commission a lot not on this case some of the time monterey disagrees there's a lot of money at stake i he got fifteen percent he was much more disabled then he was this only the second guy in my thirty years of doing this to testify holding his oxygen you know what i think i think look at this guy we didn't do right on the scene but who right now i can't i can't tell you that's what they were thinking with a very logical explanation of what they were thinking but they get to make the decision they did make a decision and i think the only question about it is as well if it's if as you said just as often whether mr moller monterrey or i like it or not fifty percent of what they did the first time say this man in his present condition is disabled to the extent of eighty five percent of a man as a whole they x his condition today we're stuck with fifty percent and question if we were to send this back now for determination i'm seventy five weeks and they must pay three fifty because it would be on spews off since the date actually do the way that this works is that if the case is tried three months before or just a new neighbor gets oxygen and he gets fifteen percent and then he gets oxygen which is a material is virtually the same  one of the only those arcs was their testimony though that some of his condition regardless of what he was on oxygen or not at the time he could walk a few steps on the stairs he could he could perform he could use some activities on his own he needed somebody to mow the grass perhaps but he did some of the cooking and things but then later at the next hearing he was basically bedridden and couldn't do because and here and buried his caretaker or whatever we're going to use for she said he does sometimes you know get out to the kitchen to get a drink of water or whatever he's moving around but you know how far is it i don't know but it seems to me it's no different from the first hearing where i can't go very far before i'm sure he said and again with the steps he said the first area i can't find them i've got friends that live on a second floor i the on pages one one thousand and twenty of the commission decision they indicate the same language of he's now permanently disabled to the extent of eighty five percent and there's a slight difference in the order of partisan was discussed but i think you can interpret and i would interpret the order part in being exactly the same thing as the three other places in the decision so that it's an eighty five percent now  so what they did i think is just switched the language for no apparent reason and didn't put in he's totally disabled to the extent of eighty five percent in the order but