have the right shoulder replacement this case was tried and it was ran through the levels and in october two thousand and thirteen the circuit court affirmed the commission's decision it is clear this case that on january twenty second two thousand and ten mr serrano was written before i let my client school district he's working there as a police officer and at that time it is clear in the workers the stale which is that as of january twenty second two thousand and he had a preexisting condition in the right shoulder which as soon as he did was symptomatic of that's a good question because that because the fire he was well he testified on cross examination that he would have discomfort and problems with weight lifting activities and the reason that's a great question is this in the approach of the case in the prochoice the depositions before he testified the allegation from the other side was he was asymptomatic he didn't have any pain well cross examination or out time of trial that that was not necessarily true he indicated that with certain activities prior to our work accident he would had complaints with that activity now either have complaints for you don't have shoulder after i have that problems and shown i have the type of condition he has at that time and i'm having complaints that shoulder predating a work injury i was some time now but then what about the argument in this is the basis that employers condition that may have needed this surgery absent the work accident dr newcomer admits that this gentleman in his mind should have been a student symptomatic predating this work injury in fact the testimony or that he was somewhat suspect  room beyond normal progression dr newcomer did testify that on threat examination of the same token on cross examination he said that he couldn't tell how far along this condition was at or how to how long it was  after the fall and that's again those remains symptomatic that's why i have my issue with the case and you may disagree with me but i don't think they have an spares out that he was a symptomatic prior to the fall i think that he says certain do structurally there is nothing changed in the shoulder the doctors agree structurally is nothing changed in the children the doctors indicate that the surgery something to address the structural issue and they did when you wait his testimony with what's medically in the evidence meaning i think every doctor concluded that they anticipated expected him to be symptomatic pretty near they say that during their testimony we think that he was symptomatic even though he went in to tell that this is a trial before trial he goes in the doctor to say i was asymptomatic they are all agreed that they think medically what they saw in the x ray and that's why there's a lot of testimony dr rahman about the m r i and how the that he testified that you had worked out he stayed in shape and as far as the shoulder complaints he said that he got shoulder complaints when he lifted weights but he compare that to other times when lifted by doing squats and everything like that he complains of the right shoulder when he did weightlifting it was the same as any other most group that he worked out so i can't say i don't think it's credible that he had these shoulder complaints that were related to th and he had been working for the school since two thousand homes yeah two thousand we took a physical for them and passed it and had no wish is there any medical records you went to the doctors  touched on this is that when ron made his opinions he stated that he felt the petitioner would have had had a reduced range of motion prior to the accident question which he did not he did not believe that the petition was asymptomatic yet there was no evidence that he was not bad that doesn't hurt them right then they can fall in for some reason this is a they suffer pain in the back severe enough so they can't work with the every change the degenerative disc disease that they i think that shows a clear aggravation of his condition based on working from his with his condition was bo well there are there is no proof that it was but i think both doctors opined that both of them stated that when you do surgery on a shoulders based on pain complaints and function and prior to the accident question you had no pain complaints and had very good function and prior to the accident pushing you also didn't have the loss of range elicit testimony from someone who is asking for authorization for surgery and he's very well represented a very competent attorney and it's very difficult to try to find things that he may or may not have problems with with this shoulder weight lifting he said wasn't he was in pain every day didn't say he was taking tylenol every day i don't think he's going to testify to that but that's the task i have to overcome on the try of the case and i think with the evidence to show you had such a problem some problems with these activities