in october of two thousand and one slip downstairs mopping floors and he complained of neck back and shoulder pain he was treated by two distinct doctors wants in finding that there was a permanent hole disability there are three ways of finding a permanent home disability one is by a preponderance of the medical evidence the others by showing a diligent but unsuccessful job search him third is where no jobs are available because of age or training education or condition now in this case that dr bove who performed the pain county sent the letter m it will twenty eight from the human resources are meant to return back and we will accommodate their restriction as provided by the janda and he goes to see a friend of his who's a foreman on the third shift and says you have work for me and he says no we don't have any work preview and he and he leaves there a temporary disability and she said yes because of her sort of shoulders and that's a page three twenty six and i further asked her if in fact the county had offered him a position of twenty pounds a light duty restriction would you go back to your previous recommendation to do like duty and she said i think late work is just fine and that's it page three twenty five wounded three of the children need that's correct didn't he say that he did not expect his condition would significantly improve no that's not what he said he said they did not testify that he testified that he could go back to work he first had a restriction of fifty pounds lifting restriction over hip weight then he gave later gave the restriction that said that he could be twenty pounds lifting no over good work the accommodations that the county was for providing to  even though these facts were presented they were not taken into consideration by a arbitrator for those for those reasons we believe that the loeb was the doctor who treated this man shoulder he gave opinions regarding his work capacity relative to the shoulder the arbitrator chose not to rely on that opinion in regard to this man's capacity  bria provided her records show it's repeatedly said that this man was perfectly and totally disabled counsel alludes to a time during this case when dr loeb ha capacity to do some work then when he was engaged in that his severe pain and that while a person may be able to tolerate severe pain during a day they can't tolerate in a daily basis would be worried that he would be just hurting himself over and over again that it would be harmful for him to try and i think they had the arbitrator drew the correct inference from this and that is the end that he is probably in to disable blasters opinion i cited the actual statement of his opinion in the brief there is no question that he said that this me in needs to have a pain program to deal with the prey he probably was nothing in the record that said that the county would not to accommodate to do the work but in fact was their light duty work consistent with the restrictions by dr low yes and it would it would be consistent with the restrictions that dr as she testified in her evidence the position that he could do it was ever conveyed to him in a letter look like the letters in the record indicate they had the april twenty eighth letter indicated he was to be going back to his housekeeping staff job with the twenty pound lifting capacity the actual may fourth letter that went to the by the county did not indicate anywhere that it was simply dr globes restriction but it was a birds that were good byes and the the fact that later she might indicate that there was the person might injure themselves over and over is again purely speculation because there is there's no testimony that he ever attempted any work of any type whether with the county or anywhere else or ever looked for any other work  this even indicated he could do like were in he was not advised him pick was given the opposite information that any job was offered to him by the county