Schultz, Philip

Applicant Philip Schultz (now deceased) claimed injury to his thoracic and lumbar spine while working as a warehouse manager/warehouseman for Saitek Industries. The WCJ found a single cumulative trauma to the thoracic spine ending October 19, 2001, no lumbar injury, and 10% non-industrial apportionment, with CIGA liable. CIGA sought reconsideration, arguing there was only one CT (2004-2005) for which Travelers had solvent coverage, or alternatively that the WCJ erred by ignoring AME Dr. Newton's 2022 testimony apportioning between two CTs. The Board granted reconsideration, finding that Dr. Newton's 2017 and 2019 reports (opining a thoracic CT through October 19, 2001 and a lumbar CT through August 22, 2005) constituted substantial medical evidence, while his 2022 deposition testimony was based on surmise, speculation, and conjecture. The Board rescinded the F&A and substituted new findings establishing a thoracic CT (CIGA-covered, ending October 19, 2001) and a separate lumbar CT (Travelers-covered), and returned the matter to the WCJ for further proceedings.