are here because of the circuit court of sinclair county reversed the decision of the workers compensation commission and found in favor of the petition the workers compensation mission and found in favor of the employer the arbitrator blow it down in favor of fish we are asking that you reverse the circuit court and reinstate the commission's decision i was in your arguments earlier the words just put their review of the evidence reconsider all the evidence and and put in what piece or thought the evidence was and the answer this morning was yes and at the same situation we have here  the claim is that during the time he was operating this very large workplace that he was position in the cabin such a way that steering wheel of the fork left him in contact with his abdomen eventually medical examination and he testing the suspicion was and everybody thought that he had substance that in turn caused other parts of his body to fail and eventually die the there are two main issues here one is accident one of the causal relationship if you look at the accident issue and consider the testimony of john bush whose testimony was accepted by the commission as being accurate true the key factor here is that unlike mr hucks john bush said look i watch this guy to tune operate this law all the time and there were five other laws operating at the same time and he operated his with the same dexterity the same nimble functioning the same speed same accuracy as everybody else and i'm sure you've seen the pictures and the same if you take a look again it picture number eight which is the  knob if you get very close to that spirit will can't go around and so if you can you can imagine what we used to call these things or are they were called suicide not when i was a kid but the the idea is that it's issue of well bush the pictures and and get to details to try to demonstrate everybody what's about these things and so we saw pictures and videos of how these things work and you could see where the the individuals movi hours and hours and hours of wearing high clothing and sitting down and and both doctors agreed that and aco said look if you come up with another clinical explanation i agree this would not work really and then i asked well could it come from that she evidence it's going to choose which witness is going to believe and can even go behind an expert opinion and find out what the basis was for the for the expert opinion and one of the things that that the commission did was look at that the gentleman was so large that his stomach was literally laying over this thing and still have him working in the same fashion as their body else and they accepted john bush and they are allowed as the exception   but i'm what i'm suggesting is the court should look at the circuit court's decisions analysis when i first started in this case and i read the the twenty one page order of the evidence the circuit court was and is one hundred percent correct there are on the to the commission's conclusion majority of the commission's conclusion it is plainly that it wasn't what all what the record overwhelmingly shows that it was from contact with the lobstering we know it must have been from his belt that's pure speculation there's got to be some evidence there would have to be some evidence some medical evidence we have medical evidence in support of the fact that it was we'll there's no medical evidence there's no other there's no circumstantial evidence there's no evidence whatsoever that would say that of proof is always on the claimant so you're right maybe this seems fact it looks as if it's hard to believe that they don't even need to advance that the question of whether or not the claimant established the case what about the testimony of the supervisor that said you can't operate this in no steering wheel if your stomach is hanging over and that's got some logical of it that's another red herring blazer keep saying it was resting or impacting the steering wheel that was not the evidence the evidence was that it rubbed straight wheel the the arbitrator found that repressive trama from the rubbing of the steering wheel against the skin and of course that would have had to be every second of the operation just sometimes during the said it wasn't a case where it was rubbing it still correctly that's what was said yes but how often does he observed and there's nothing in the record to show that when did his observations take place how often did that take place he testified that some of our witnesses merril hoge testified this was in the winter when this developed he started work in september but this was developed apparently in the months before he was hospitalized and he was hospitalized on january twenty ninth so it would have been during the winter during the winter the door on the law would have been closed and you couldn't see touch even testified you couldn't see if the seat belt was even fasten if the door was closed on the wall so his testimony that he saw him operating it with space between the wheel and his abdomen is were very little  him he comes up and talks to the doors open we don't he there's not sufficient observation of him mr toone operating there slow eight or ten hours day five days a week over time for him to be able to say therefore it never contacted that we all mean as a disinfectant how does one operate a steering wheel the mechanism within your stomach is over the nap now how do you do that correct correct but the we have to look at the evidence as totality there are five major categories of evidence here and off five were overwhelmingly in favor of the first of course is the scenes on statements he told his doctor who had been his doctor for several years he told this doctor when he showed up at the hospital in january twenty ninth he's  badly infected so this is a statement for purposes of medical diagnosis and treatment this is a hearsay exception to so reliable we treat this as a hearsay exception he has no reason to say anything that was not true when he's hearing reports of pearl how this happened in addition in the medical records and we've cited all the center preach there are multiple places where this same statement appears that to corroborate condition for several weeks before he went to the hospital well it's unclear because he didn't complain by the doctor that dr coley in one place indicates that he may have said that he had it for several weeks or a month but it was just a redness earlier it wasn't until the twenty eighth the day before he went to the hospital that all of a work because he didn't want to be laid off or lose his job there's any numbers to be probably thought it was not serious until the very end when it became serious so the fact that he hadn't complained before doesn't really mean didn't have skin and suspected september this thing develop over time and as responded says over the last several months up to the time of his illness he put on some thirty pounds he according to the actual records the hospital records and you know they make you go on the scale of the records he weighed two hundred eighty pounds at that time the commission accepted the widow's a generous estimate of his height but the actual hospital records show that at the time of his hospitalization he was five feet eight inches tall tall he weighed two hundred eighty some pounds of other witnesses testified that he was pear  shaped it's skinny arms and legs and a huge huge stomach all this corroborate the fact that hasn't developed up and so all the time he went to the hospital this repetitive trauma wheel cause the the won't there is no other logical explanation yes we have a burden of proof we met that burden we show through multiple sources that this is it and all the all the responder has in response to that is speculation be the evidence is whether he complained early or not vote doesn't matter because evidence an twenty ninth when he went to the hospital that wound was there and he told his doctor that that was the cause of the boom another very important factors i mention is the shape of the room it's once you say everybody's testified that  his repeated statements to various people that it was caused by the rubbing of the steering wheel and that's what the arbitrator found you know your here's three of the five  because you want to know try to figure out what happened it doesn't mean that because he says it happened that way it happened in fact after koli said i there is no scientific basis on which i am replying to to make this conclusion  i'm saying this because he told me and i was asked to give an opinion that you have to assume that he was in contact with the steering but you gotta understand when kohli testified she testified that his she assumed his belly was there's another statement in and i can get you the cite but it's in my grief where the there's an actual drawing in the hospital record it's like page three hundred of the st anthony record that responded quickly and it shows exactly where it was and it was l a an abrasion from a pair of pants with a back to matter as your hips are higher than your pubic area and when people are large when they when their belly is spilling over their pants the pants are low in the record as to what cause a shift the fact of the matter is there is evidence in this record all over this record to support with commission and that's really the question we have here now whether the circuit court want way everybody says he was driving with with having his belly over there i think bush was right that he was always away from that steering wheel just by taking out everything else fails you can take that by itself and say every time  standing on a scale they're measuring and when he's in extremism hospital and he was laying on a table and they said ok you know you're five eight you're way to eight your body habitus is is this your body mass index is this that's all they care about is  there was some issue about it was he was shorter and therefore fatter but the fact the matter is we don't have any thing that talks about his girth other than bush's observation which was accepted by the commission and