In addition, the AMA Guides further note the test repeated in intervals during an examination are considered to be reliable if there is less than 20% variation in the readings. If there is more than 20% variation in the readings, one may assume the individual is not exerting full effort. Here, the applicant’s measurement resulted in the maximum of 20 kg and a minimum of 4 kg, which has well exceeded the 20% variation, thus the measurement could not be reliable.
Third, I have seen case law where the doctor is required to explain in detail why the decrease in grip strength is directly a result of the injury. The AMA Guides provided an example of this situation, such as the loss of strength due to a severe muscle tear that healed leaving a palpable muscle …show more content…
Mamigonian’s apportionment opinion. Dr. Mamigonian was under the impression the applicant has no similar pathology that is pre-existing. However, based on the subpoenaed records, we have received, this is not true. The applicant clearly had a loss of grip strength from his prior 2002 claim against Mack Fish Hatchery. The applicant settled the 2002 claim via Stipulations with Request for Award at 18% based on the Agreed Medical Examiner, Dr. Frederick Newton’s report dated September 15, 2004. Dr. Newton specifically noted the applicant’s current complaint as follows:
“While he [the applicant] can hold a pen or pencil to write his name, he cannot grip tightly for longer than a minute or two. He has had groceries drop suddenly from his hand. He can hold a cup of coffee for less than two minutes. When he needs to move an item such as a box that weights more than 20 pounds, he pushes rather than lift it.”
Dr. Newton further acknowledges in his objective findings of disability on Page 7 of his report as “reduction in dominant right grip strength clinically estimated at