my job my burden was to show that i was more like you right there that's all and now today i'm supposed to pound my fist up here and use this phrase manifest weight  judge reached the opposite conclusion of course by judge i mean arbitrator now there's this is a causation case and there's only a small challenge in arguing before you today and that challenge comes from the some of which are particularly relevant most of which admittedly were fairly and accurately but in front of you but the three conclusions are number one that we failed to prove  joint disorder which is causally related to the accidents the two of them a number two two and three bleed together but two is that mr foster the petitioner was suffering symptoms as early as one month before these two accidents and number three again quite related to that it reads that even under liberal aggregation standards and i one month before the injury so beginning with fail to prove as i joined dysfunction causally connected in it that is not what we were trying to prove and boy when you read concluded that when we were trying to prove that you i guess you know you're in trouble i wasn't subtle the petitioner testified he was there asking the arbitrator to a area he is to my life so far better i am me then dr martin i think you are straight shooter and i think he's sometimes wrong and i think he's idea what the arbitrator really believed but i know i'm well aware that a young judge m g concluded that probably the commission and the arbitrator leaned heavily on lange's and what's wrong with that so this chronic as a side joint dysfunction problem can be boiled down to or distilled to yeah lots of mis lots of treatment misdiagnosed as an s s i join resolution no symptoms no treatment so that's the first problem you got explaining this to me and he did not and he doesn't explain it to you doctor laying secondly committed u him and bad is he took this gentleman very minor very mild psychological history of done by gore now which is going its way of showing bloom yeah it really is l five s one as some people early on had suspected but that was ignored because everybody latched on to the yes side joint dysfunction you are at an arbitration and you ask your client how many times you can stick with a needle in your back and he isn't allowed that the answer i mean come on anyway only those doctor michigan marvin michigan is the other i  two doctors because then it's now i am more likely right michigan couldn't account couldn't answer the same question i asked rhetorically end of life but you know you can't just throw like michigan was when i started practicing law twenty one years ago michigan was giving this he didn't even  and then they have i mean look those they lay it on the the preexisting s side joint dysfunction ok and they say the evidence of that is all the stuff he had before the body patients surgery and those three little visits with those three little visits of p t again approximately three and a half weeks before the incident this young assistant physical therapist she even mention the name he didn't even remember to turn up ok it it is a non issue please but look don't throw me into that briar patch mate maybe i mean i can argue what i don't believe i don't believe i've proved up an outside joint dysfunction aggravation but you might and why might you i mean i don't because i know when i hadn't had the artificial disk surgery but there's no vehicle with that in front of it you know but look in the forty five days after this gentleman had these two injuries at work and there were accidents because remember they found that he had shoulder accidents those days just not the import accident in  epidural steroid injections he has nerve blocks they plan for him to have a bad nerve burning surgery called a neurotic to me i mean this is heavy duty stuff they take him off to work and and wait a minute and bass not an abrogation that means there was no aggravation monday that just which this is all further to answer your and note the double standard if which which goes like this you know this three i mean visits down the hall at the nurses station with the assistant work no referral to anybody three weeks later is in front of his family doctor makes no mention of it do i get any money on that case no but they are using it to bluff and aggravation case this order you can call it what he one point you can call it whatever you want but obviously the petitioner had a one month before his claim for accidents and the commission use that evidence said the evidence of dr lane to make their findings and there nothing in the record to support anything else as against the manifest weight of the evidence i think the central question here is whether or not there's any evidence to support the decision of the commission is ample evidence to this i think they know that history but obviously who knows what it's based on because we're looking at medical records in a vacuum we didn't take their depositions they didn't to my knowledge have any evidence to read all the preexisting medical records th just in his argument that there is no argument that the commission this stated the facts in their pay and that facts are all accurately stated i don't believe that he likes their interpretation of the facts and again that falls within pro the commission to do so and like i said i think argument is just because dr corder that wants to do it just replace the surgery therefore since he says that so this than this gentleman on medical history or the same thing you know all this is dating pool that we give a cat all of treatment and symptoms that we give a all discuss low back and as i joint problems and probably maybe sort of some object of testing to prove it and you know it all went away when that argument was cleared up they all got it wrong all those doctors got it wrong before they cleared ninety nine percent overloaded that is not much l or three times and if she does this test called patrick for the specific condition we've all been chatting about yes i enjoyed this function and its negative he does have tight hamstrings long you know rollout of treatment for an s s i joint dysfunction the cup also gets under way and never seen it he could find he could look at an insect with an exoskeleton find it you know best the obvious conclusion here i know everybody's got to get over this problem of several doctors were treating it as i joined dysfunction just like they were before before the