if i could begin in discussing the issues relating to the jurisdiction of this appeal in the procedure this case had before the industrial commission the matter was tried before the arbitrator concerning the events of june twelfth two thousand and six mr drag was heard by the industrial commission who specifically found that the seeds widow had failed to meet her burden of proof the matter was subject to an appeal by ms this is driven to the circuit court of cook county judge taylor on hearing the reading the evidence and reviewing the evidence issued a decision in which he found that the but is even split over had met her burden of proof and he remained with the case the judge specifically substitute his opinion for that of the industrial commission and did not remain in the case for any indication of a real review of additional evidence or any question of comment the only charge the judge gave to the industrial commission was to calculate and to enter an award and one that the students widow met her burden of proof so the only thing the desperation is charged with is entering a section seven award so i do believe this court does have jurisdiction it was not a remained for any additional evidence and there is no risk of this court having to  court and the courts have held that in situations such as this in a cardiac situation this is a case that necessarily turns an expert opinion there were two experts in this case for the industrial commission to rely on both the widow did not meet her burden of proof in this case and they didn't just know commission rightfully found that decision because what the doctor surveyed over and the window presented as the facts of the case this  was working digging in a ditch from the hour seven o'clock in the morning until eleven o'clock and eighty five degree heat and that after a fifteen minute break he went back into the active day game and then suffered a cardiac event those facts the industry commission that specifically found and had relied on the atmospheric testing and the information that had been introduced kind of evidence that the temperature was now at eighty five degrees as relied upon by  opinions of dr carroll specifically were lied upon the fair actual testimony and the factual foundation of the evidence that this man's work they have been and broken up with and been broken up between two different work sites and the extent of his work at tiffany's was very during the course of the day with only fifteen minutes of digging at the first site and the rest of his work activities involving spotting the back hall which remove the dirt from the earth and also cleaning up around the entered x judge taylor had a value weighted this information and believes that in his mind the industrial commission it was clear error and the national commission could reach no other conclusion that this was strenuous physical labor industrial commission did review all of these pay when he was doing with the shuttle for at least ten or fifteen minutes before his cardiac event right ten fifty my everybody's ten to fifteen minutes in the morning mean to me anybody before me before is approximately twelve minutes according to different testimony and he was clearing the entered that judge taylor believes that clearing the introduction and digging with a shovel has to be strenuous that's a judge taylor found in his collapse mr coe's testified to that there was an strained industrial commission could recently infer that this wasn't strenuous physical activity that also could be inferred by the fact that after the first episode of digging in the morning the man had cooled down he had no to tell us as to whether this was a spontaneous event or whether this was the result of his physical activities that are parallel although he was questioned about whether a sustained rising of blood pressure could cause a change indicated there was no indication of a sustained rise in blood pressure because the man and mission had cooled down and there was no signs of a fax unlike the holding in twice over plain relied upon by the  on the widow's counsel in this case there was no indication this man was suffering ill effects of engaging in the work activity all that the actors agreed that a spontaneous event this was not a heart attack this was not ruptured in fact induced by traumatic and then that what it was went back to carol was specifically asked to presume that it was traumatic or trip presume that it was caused by back or carol did write a report of the start of the case but before th a consistencies those in consistencies are nothing compared to a presumption the man was digging for four solid hours and then eighty five degree heat which is something that was specifically relied upon by dr certain although something  they did not provide any such presumption for other workers trench workers utility workers laborers that petitioner and to see the state has the obligation to present evidence and present evidence fifty pound loans that meet during the course of the day the petitioner bears the burden of proof in this case investment commission relied on specific factors including the fact that there was no sign of an outward appearance of difficult thing in his obvious signs of distress or anything else when the mansion gauging the physical activity the petitioner does bear the burden of proof the industrial commission of found that she did not meet the burden of proof for industrial commission did not rely on any improper specifically lacking in the fact they relied on improper evidence evidence that wasn't introduced in the time of arbitration that wasn't factually based and esther commission rejected they act and in a situation where all the doctors agreed at the man's condition could merely be testify that her work activity as of stress were the result of changes in the electrical impulses in the heart that they wouldn't bother implanting the b fibrillating or in the implants such as vice president cheney testify in  deposition they would just advise people not to engage in activities what occurred with this petitioner is something that could have occurred at any time and there is no indication of a link between these work activities and that sudden cardiac event that good afternoon please the court my name is elizabeth down counsel in your mail eleventh two thousand and eleven order you requested the parties be ready to speak about jurisdiction perhaps in the only  point that council will agree upon today i too believe that this court has jurisdiction and that judge taylor's opinion was a final appealable order more than happy to discuss the isn't i think it does because i think that judge taylor has written a very well reasoned well thought out opinion in which he has said that in fact the decision of the industrial commission is against the manifest weight of the evidence and w employee first with regard to the issues on dr carroll's opinions and testimony and one of his initial you know out of the box statement is that any activity could cause mr dragons debt with then during his testimony he provides inconsistent testimony so he says that the fact that he was given a quote from i understand the information provided to me that somebody that mr graham on was performing was not his opinion on his decision and is that carol extensively contradicted himself correct but that's why i asked the question of your pose a counsel i have to ask you dr sue go to you giving your opinion says  temperature was and he recall in this test when it was between eighty and eighty five degrees it turned out it was definitively determined to be between fifty and sixty correct and why do you think it was between eighty and eighty five degrees because all three labors the opinion which is that that the activity which is the didn't so i would i would argue two factors going on here one is the temperature and the second is the strenuous nature of the dig and the testimony on mr close it is that they come they bring this back and this is this trench that is supposed to be built for these transformers the two of them they work on one in the morning they lift these hundred fifty pound transformers  off trucks twice for each transform dig to the trench for the first transformer then they go to the second site up the back of the trenches are six and a half to seven feet by four feet to make a little finer point on it we're talking about fifty three to sixty eight mystery of the twenty four hour period of that day but this happened about noon or one o'clock correct it was right after the one sure we were about closer to the sixty eight aren't we at that time it was in the his in his you know we have this sort of a sense of the battle of the experts and dr carroll's hypo isn't quite right that there was no activity strenuous activity going on at the moment of the cardiac arrest then he then went back to the truck with the plans and a tape measure and was gone for another five minutes so some place around ten ten when he came here and he was he was already out of the trench and was in what was it was him difficult was not correct we don't know what he trench you know if i'm sure we do not and mr ko's later testified that he thought that the digging had occurred anywhere between twelve to twenty minutes so we have we have a period of during this point so admitting that the strenuous nature of the digging clearly was a cause and you know it's clear that in his testimony that d disagree that i actually think that the commission hangs its hat on dr carroll's testimony and says based the point of that testimony we don't think it was a cause and that although the commission says it was a failure to prove they base that decision upon their discounting dr scoby it but also they're counting oh you know testimony that there was not strenuous activity occurring prior to the point of mr geiger one's cardiac event that mr drag on being in the trench and sweaty no they even when it's sixty degrees outside was cross examined during the deposition and that was the reliance they were talking about other factors at the mere fact of growing up coughing any number of things when you're down to a pinpoint size opening you left the sending are very many things he just changes in the impulses because there's so much fat around the kurdi air all that electronic trying to impose a laughable to the heart so the heat was more just was more than just a matter of fact that after it was questioned him did apparently rely on