Who actually creates these reports?
In this instance, the examinations performed by Drs. Miller and Ferrante are not persuasive.
The range of motion findings from the two examining doctors differ. Dr. Miller found
cervical flexion was 45 degrees; while Dr. Ferrante found it to be 55 degrees. Both doctors
noted these findings were normal although Dr. Ferrante acknowledged limited range of
motion and mild tenderness over C5-C6 and T1-T2. Dr. Miller found a normal neurological
exam, but straight leg raising was negative to 60 degrees.
Further, a review of the similarity of the reports of Drs. Miller and Ferrante detracts from
their weight and persuasiveness.
A portion of Dr. Miller’s report reads as follows:
Medication:
The claimant takes Procardia and HCTZ at the present time;
however, the claimant did not elaborate as to the dosage
or frequency of the medication.
Employment History:
The claimant was unemployed at the time of the accident.
She is currently not working.
The same portion of Dr. Ferrante’s report reads as follows:
Medication:
The claimant takes Procardia and HCTZ at the present time;
however, the claimant did not elaborate as to the dosage
or frequency of the medication.
Employment History:
The claimant was unemployed at the time of the accident.
She is currently not working.
In sum, the question is how can reports from two examining experts in different specialties
can have the exact same wording. The exact same language may indicate that the
examinations followed a particular format and the resulting reports were not dictated by the
individual doctors. At the very least, the form of these reports detracts from the weight and
credibility of the findings.
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