for recruiting hiring and firing local labor mobile labor to assist with american jobs such as the installation of of new crescence loft on your you  can't say whether it was filed as an appendix your honor i know that the i know that they were tendered the the original court decision in order from were twenty fifth of one nine hundred ninety three and last about four and a half months of work during which time he underwent to a lumber fusion in decompression without going through the details of every one of those is it fair to say there's evidence in the record that mr jernigan had a history of back problems prior to allegedly falling into this pit in brazil in two thousand is that a first that he absolutely had a number of prior work injuries here and i think the crime many of which are documented if you will know whether or not a causal connection exists is a question effect of the commission and the burden is upon you to prove the case but there are some troubling aspects of the case i think you need to own it at least they had being he returns to the united states six treatment two thousand injury it doesn't mention anything for years to his treating physicians about this fall into the pit about having anything to do with an accident and result by is that is it is expressed really recorded in the first report of injury that was that was offered by the respondents on supervisor mr ronald stewart the only person discrete injuring he would have told them and apparently he did tell his supervisor immediately after it happened because it's recorded in detail in the accident report excuse me didn't he actually give dr lanza and him possibly some other treating doctors a history of having fallen on ice several years earlier and he had back pain since then yes he was asked for a history of the history it was to a prior injury what the history what would is that the genesis what is a seminal point of your having problems with your back and to that he responded that in one thousand nine hundred eighty three i fell and from that time i have had back problems and the record is is clear that he did experience significant back problems it was five years before he told dr lee and spend about this alleged fall into the pit right and at that point dr williams when wrote a letter causal connection setter but it claiming you're entered into the pit it's sound so this is some deep chasm it's a real tension pastor pit was the was the gentleman's testimony and lot and yet he never mentions anything as law about getting in here and seeing a newspaper doctor or anything about the incident  most of the other injuries work injuries even where there were reports of injury completed to memorialize them are not mentioned in the model direct and cross examination your honor the mr jernigan testified that the purpose of the log was for him to recount where he was and what he was doing as far as you know for work to to track what weeks he worked when he was entitled to a vacation week apparently because he was out of the country so much of the time when he got back he was entitled to an extra we could make asian and that sort of thing that was what he used that lawyer to track  it does track his behavior over a long period of time we did mean nice would it be easier for me certainly if there were something memorialized in there but the petitioner did testify that on august second of two thousand he contacted his supervisor immediately by e mail there is there is nothing to rebut that to tell him that he fell and that this was different and i am my argument your honour's would be that you know here the common wisdom that a leopard can change its spots well george jernigan was a leopard who notwithstanding significant pain over the prior many years was working more than a hundred hours a look at the behavior of the gentleman choir to that date and subsequent to that date it's a bright line but man works more than one hundred hours a week i've heard physical labor prior to that date never performed physical labor again in his life after that date didn't need to testify that he continued to work eighteen hour days and was climbing the places in fact he even said sometimes he would climb fifteen times in fifteen  to counsel at the time was cross examining him counsel you don't understand the scope of what my responsibilities were at the time did we eat continue to work in brazil in colombia for a month after the date of the alleged injury be permitted to return home he was told that there was no one to replace him he needed to stay there and he needed to continue to bogota to whom i believe mr jernigan swarms were to to sign some papers to people  paid or the guys who get paid words to that effect in other words he needed to be there in whatever capacity he could for goss critics international so that if he could administer things but he was no longer able to perform work and as you can see less than forty eight hours after his return to the united states even though he was on a paid vacation he secured an appointment with his family doctor d and there's an entire there's a big difference between the issue is you fix it in the wording arbitrators opinion which was adopted by the commission you have a true right petition freedom to prove that the seeds accidental injury the only thing that petitioner could have tendered the only thing you could possibly a kinder would have been the e mail correspondence to run stuart or from around stewart the field the manager of  gracious mr jernigan did not have access to his email account in the in the capacity that he held with the company making decisions concerning you know tens or hundreds of thousands of dollars for the company he had no reason to believe that his word was going to be doubted he didn't preserve these emails and years later when you know his his word was called into question he didn't have states and when compared as against me the m r i there was taken a little more than a year prior it shows a new injuring a significant new injury and the combination of the significant new injury is recorded on the m he's right i understand your honour's that this gentleman had a significant really significant pain that probably would have debilitated any of us from his prior work injuries yet he continued to work to m smiling i know he believes these doctors are prescribing me pain pills on a regular basis these doctors know i have been seeing them for years for my lower back pain these doctors know that i work in pain every day once i have very little to say on its manifest way question hand the questions that the justices today have raised and precisely the questions that we've had about this case from the start if we are to believe that something is significant as falling into a pet on august second two thousand cars or in some way contributed to mr jernigan subsequent condition of ill being then why didn't you tell anybody he continued working in some capacity both in brazil and then in colombia did not return to the united states until september eighth and he did two things in those next couple of days neither of which were to report an injury and went inside his family doctor on september tenth at which time he told him that back pain i've been telling you about is progressing to the point that i can't take it anymore and if you look at their family doctor's fragments it goes on to talk about three and who are in five years of back pain so bad that many months before august second he said pretty much anything sitting standing walking was causing him severe back  leg what is the next thing that mr jerningham does he contacts his employer and applies for vacation counsel talks about his client's record keeping and this is a very bright very detail oriented man who even kept his own walk with respect to what was happening in his life not only does the outlawed belts reflect any history of injury he says he treated with a doctor in brazil but there's no documentation of that log those records were never by and this detail oriented man thank his fact united states applies for vacation and september i'm sorry december of two thousand he's notifying me at the company is closing he applied for disability he applies for cobra he applies for a long term disability and it's not until two thousand and four that he files an application for adjustment of claim alleging an injury back in august of two thousand that at this point nobody's been paying for it in fairness though thousand e mail that talks about in august of two thousand and in october fifteenth two thousand e mail with reference to the fact that he is treating for his back and he doesn't understand why anybody would take pain isn't paying for it but disease the only doctor who ever talks about causal connection per se and i have one point of correction for the justices prior crime question mr jernigan never provides a history of this accident  any doctor dr landsmen testifies in two thousand or two thousand and five that mr journey begins attorney provided him a history of the accident in august of two thousand he then goes on to state that the findings in that i simply showed it progressive worsening of a condition which he ultimately concluded probably dated back to ninety three and ninety six does not document do what we should be no it was not possible for mr journey going to have any idea that he was being paid relative to a claim in one thousand ninety seven in all fairness to mr jernigan he watched his supervisor  two thousand and he should not be prejudiced simply because he he did not hire counsel or pursue this matter through the commission for an additional two years or more i would going to assume that the if there are additional injury of august second two thousand is not included so it seems as though everyone knew that there was an apparent additional injury of august second two thousand except travelers insurance everyone had had notice of this accident mr jernigan believed he had done everything he needed to do to memorialize that the accident took place i mean he he was in brazil he's in charge of field operations for the entire south american continent he doesn't speak but a word of spanish when he saw the in the  newspaper doctor's visit they gave him some pain medicine and he had to tough it out until he got back home and as has been admitted the day he got back home he's on the phone with his personal physician and  may he didn't apply for a vacation he automatically had a week of vacation coming because he had been out of the country for so many months or weeks whatever it extended stay out of the country automatically brought him out we c was the one and only thing he did the minute he got back to the country and because of all the correspondence that he had had with his supervisor around stuart he didn't see that it was necessary to explore any of this and if you're honest look at the done there's no question in that e mail there's no ambivalence or ambiguity as to whether he believes or the accident took place he isn't saying investigate this he says get to me and paid do what you need to do this gentleman clearly had