seventy percent of the petition the soviet court found quote fisher has proven by a preponderance of the evidence that he has not completely and totally incapacitated to work but it is handicap is such that he cannot be employed  extension job search but even within that job search the overwhelming percentage of the cases that he had listed were ones that were higher than one we know that he was going to be on just the ones that were listed in a newspaper but you would think that if he was really checking the newspaper really trying to find places that were looking for him but had openings he would have done better than he did at the arbitrator stated the commission accepted that quote probably over ninety five percent the petition was described as quote defensive hostile and inappropriate by the petitioner admitted directly that he chose not to meet with the procreational councilor again i believe that's another sign of lack of due diligence  disability or the commission state solution made several findings that had to do with my client's job shirt search and as you know in the initial version of production the employee  because of the same skills training in your history he will not be regularly an employee in a well known branch of the labor mar yeah the worst findings made in the commission decision with regard to that and i think he went to an initial meeting with mr boyd yes your honor but afterwards found that he did not believe he was getting a fair shake and that is likely because mr boyd was telling him he could do a child as a security guard or he had transferable skills that would allow him to do jobs which he believed conflicted with his physical limitations that were were put in place by dr wayne point conducted a independent job search for the period of june of zero five up until that point from that point until march of zero seven when he finally after seven hundred fifty four job searches decided it was a futile attempt to find a job then and not for almost a year after that day he could did he get contacted by the responded to try to set up of ok meeting with he was found to be at mit by dr wayne and began his job search if he had been assisted in that job search by the respondent then perhaps he would have been a little bit more cooperative but look at work with this man did were the people who were already there they were instances of thirteen jobs where they were in fact advertising that you were hiring and he went to each of those and he was turned down at each of those p looking at the seven illinois western kentucky area where where this petitioner lives this is this is is a depressed area and that also has to be considered by the spoke ational rehabilitation specialist and it should have been considered by the and the commission said plaintiff should not be penalized for doing an extensive job search effort and this is what i mean to the circuit court that the petitioner should have had to prove both prongs if the petition so you can't have it both ways you can't say there was there was no finding by the commission that he made a diligent job search but then go on to the next problem really didn't go into it there had to have been a finding with regard to that diligent job search you can't just ignore that and because of that the circuit court agreed with my argument that that was a legal analysis error on the part of the mission t argument to the circuit court was that the commission made a legal determination that it was a diligent job search and so therefore we go on to the to the next problem of the attack which is whether or not the employer has show it would be the this is the standard on the well in terms of whether you can rehearse on a manifest way finding by the commission the clearly evident plain and indisputable weight of the evidence compels an opposite conclusion and that's what the circuit court found that the weight involved working with inmates which was his prior job she also said that despite some of the job she suggested he could perform they would be conflicting with his permanent medical restrictions and she said well he can just he can just ask for accommodation but with the commission recognized that that was not logical and so did the circuit court so on top of that when you look at the vast majority of the job cont my client may being in retail which was one of the big things that she had in her transferable skills because he did have some prior retail experience before he went to work in the building trades profession and then on as an instructor on that that was a transferable skill yes but did it conflict with his medical restrictions yes yes it did and this boy didn't address that other than to say well he c accommodations but that that doesn't make that job suitable and that's the standard is that you have suitable is he qualified for you fight for it will he seriously endanger his health or safety if you tries to perform a  that how do we determine that we look at what is the sickle restrictions were and those are the restrictions that were put in place by dr wayne who was the physician that the respondent have examined him throughout the cape throughout the course of the