produce we were prejudiced because we didn't have an opportunity to defend against the repetitive trauma finding by the commission we defended against whether the need for the  solar placement after august eighteenth of two thousand and eight was related to this dramatic event and so we did not have a fair opportunity to express the repetitive trauma because we soon that they were feed on the dramatic n in the mix when your own doctor said that's not yes i don't think we do because we've been asked the employer attrition the first thing you testified is on cross examination you were claiming that the need for cold shoulder replacement is related to this to thirteen point six of that that's what he testified he didn't say no it's really related to to my repetitive job his own testimony was in part of the reason to i think that we were prejudiced his head we had an opportunity to address the issue of repetitive trauma it may have been a different result because the repetitive trauma theory at least found by the commission was based upon him doing his job activity from two thousand and one two thousand and six now after the traumatic event he didn't do those  i mean you he was moved to a light duty position i think maybe there were four or five days when he went back and tried it his attire builder but he never did those again after two thousand and six he was in  mention something about you know old work activities could aggravate osteoarthritis in the left shoulder again you fact it is well i mean that is that's a question of fact for the commission with finding that it's not really its citizens and and and it was really interesting how he addresses that issue he says well in the history that came from the patient it appeared that circumstance of the type of work that he was doing made his condition symptomatic as a consequence of the work related and he says it was an aggravating factor in his symptoms despite all the treatment the surgical treatment the children has us to arthritis it it's not something that you don't treat the symptoms all arise on that dominant side the one that was aggravated by that were active and he says if you look at his your first choose is he says it in a very prophetic manner in my original note i make reference to the fact that i believe he was schooled requiring a talk show place and that was long before we took his because a patient has arthritis doesn't mean that they need it took place that doesn't mean that they are going to be symptomatic but in this case the symptoms seem to stem from and he had an onset with the incident that he described as occurring on forbore thirteenth two thousand  in looking at dr oz records i agree with that with his opinion and that is consistent with dr rocks so well in this case the kind of tires asking hustling and mission goes into great detail about the arbitrator's decision and why they're there confused about it because she she says that letter was on opinions were equivocal well there's nothing equivocal about saying that this gentleman this repetitive work activities caused his symptoms resulting in  show that it was a cause give them their arguments do let's assume that they have a point that somehow this theory of repetitive trombone was obscure and not clear when they want to hear what your position of the second called them that they were prejudiced their right again whether we were on notice and the prejudice is not all that is required to recommend a total shoulder placement work for a replacement for that matter you have to have symptoms if you have symptoms in arthritis he did not have symptoms until this traumatic event