Claimant Relations
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1. Diagnosis of a bilateral asbestos-related non-malignant disease or an asbestos-related malignancy other than mesothelioma based upon either:
2. Evidence of a bilateral asbestos-related non-malignant disease based upon:
3. 10 year latency.
1. B&W exposure prior to December 31, 1982.
1. Diagnosis of an asbestos-related non-malignant disease based upon either:
2. Evidence of a bilateral asbestos-related non-malignant disease based upon:
3. 10 year latency.
1. Six months B&W exposure prior to December 31, 1982, and
2. Five years cumulative occupational exposure to asbestos.
1. Diagnosis of an asbestos-related non-malignant disease based upon either:
2. Evidence of a bilateral asbestos-related non-malignant disease based upon:
3. Pulmonary Function Testing with either:
4. 10 year latency.
5. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease.
Exposure Criteria
1. Six months B&W exposure prior to December 31, 1982, plus
2. Significant Occupational Exposure4 to asbestos.
1. Diagnosis of asbestosis based upon either:
2. An ILO of 2/1 or greater, or
3. Pulmonary Function Testing with either:
4. 10 Year Latency
5. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease.
1. Six months B&W exposure prior to December 31, 1982, plus
2. Significant Occupational Exposure4 to asbestos.
1. A diagnosis of a primary colo-rectal, laryngeal, esophageal, pharyngeal, or stomach cancer based upon either:
2. Evidence of an underlying bilateral asbestos-related non-malignant disease based upon:
3. A causal statement from a medical doctor linking the other cancer to asbestos exposure.
4. 10 year latency.
1. Six months B&W exposure prior to December 31, 1982, plus
2. Significant Occupational Exposure4 to asbestos.
1. A diagnosis of a primary lung cancer based upon either:
2. A causal statement from a medical doctor linking the lung cancer to asbestos exposure.
3. 10 year latency.
Exposure Criteria
1. B&W exposure prior to December 31, 1982:
* Lung Cancer 2 (Level VI) claims are claims that do not meet the medical and/or exposure criteria of Lung Cancer 1(Level VII). All claims with this Disease Level will be individually evaluated.
There is no distinction between non-smokers and smokers for either Lung Cancer 1 (Level VII) or Lung Cancer 2 (Level VI). A claimant who meets the requirements of Lung Cancer 1, and is a non-smoker may wish to have his or her claim individually evaluated by the Trust.
1. A diagnosis of a primary lung cancer based upon either:
2. Evidence of an underlying bilateral asbestos-related non-malignant disease based upon:
3. A causal statement from a medical doctor linking the lung cancer to asbestos exposure.
4. 10 year latency.
1. Six months B&W exposure prior to December 31, 1982, plus
2. Significant Occupational Exposure4 to asbestos.
1. A diagnosis of mesothelioma based upon either:
2. 10 year latency.
1. Credible evidence of B&W exposure.
Note: A finding by a physician after the Effective Date that a claimant’s disease is “consistent with” or “compatible with” asbestosis will not alone be treated by the Trust as a diagnosis. However, if a claim was filed before the petition date, then a diagnosis of “consistent with” or “compatible with” asbestosis will be accepted by the Trust.
1For claims filed before the petition date, if an ILO reading is not available, then B&W will accept a chest x-ray report regardless of whether it was read by a qualified B-reader.
2Qualified Physician – Physician board-certified in a specialized field of medicine, such as pulmonology, radiology, internal medicine, or occupational medicine.
3ATS – American Thoracic Society.
4Significant Occupational Exposure – Employment for a cumulative period of at least five years with a minimum of two years prior to December 31, 1982 in an industry and an occupation in which the claimant:
a) handled raw asbestos fibers on a regular basis; or
b) fabricated asbestos-containing products so that the claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers; or
c) altered, repaired or otherwise worked with asbestos-containing products such that the claimant was exposed on a regular basis to asbestos fibers; or
d) was employed in an industry and occupation such that the claimant worked on a regular basis in close proximity to workers engaged in the activities described in (a), (b) and/or (c).