Administrative Hold | A temporary hold placed on a claim by the Trust until a specific issue is resolved. |
Asbestos | Asbestos is a natural fibrous material mined from serpentine rock. This rock is crushed and fibrous strands of asbestos are extracted from the rock. The strands are then used as ingredients in insulation, ceiling tiles, and other materials. |
Asbestos Personal Injury Settlement Trust Distribution Procedures (TDP) | The Trust Distribution Procedures are designed to provide prompt payment to valid Asbestos Personal Injury Claims and provide reasonable assurance that the Trust will value and be in a financial position to pay similar and present Asbestos Injury Claims and Future Asbestos Injury demands in substantially the same manner. |
Asbestosis (ASB) | A chronic lung disease resulting from irreversible fibrosis of the lung tissue due to asbestos exposure. It is characterized by diffuse interstitial fibrosis (scar tissue formation). The onset of the disease is gradual, developing over a period of 10 to 30 years. Symptoms include cough, exertional breathlessness, increased susceptibility to respiratory infections, crackling rales in the lower part of the lungs, and digital clubbing. |
ATS | American Thoracic Society |
Attorney | The rightful legal representative of the claim. |
Awaiting Document Tank | Claims are placed in this tank when a document is uploaded but is yet to be received in Trust Online. Once this document is received, the claim will be placed in its proper queue. |
Awaiting Quality Assurance | The claim has been reviewed and selected for the Quality Assurance audits. |
Certificate of Official Capacity (COC) | A court document verifying that the individual may act on behalf of the estate. |
Checked Out By | Individual at the facility currently processing the claim. |
Checked Out Date | The date that the claim was checked out by an individual at the facility. |
Claim Number | The claim number assigned and referenced by the Trust. |
Claim Status | A status is assigned to each claim, determined by where the claim is in the review process. A claim’s status will change as it goes through the review process. Trust Online users can view the status of a claim at any time. |
Claim Status by Trust Report | This report provides the user with a PDF, CSV or Excel file that displays a list of all claims submitted to the trust grouped by claim status. The information provided include the Claim #, Firm File #, Full Name, the last four digits of the SSN and Attorney Name.
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Claimant | Holder of an Asbestos PI claim. |
Claims Under Edit Report
| This report provides the user with a CSV file that displays a list of claims that are currently being edited by the law firm. The information provided includes the Trust, Claim Number, Account User (editing the claim), Account Name, Account Email, Firm Name, Attorney, Edit Date (start date), Linked, Status, Queue and Firm File Number.
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Contact Person | A designated person who is not the personal representative but can obtain information from the Trust about a specific claim. |
Current Queue | Current storage place for the claim depending upon its status, deficiencies, and/or activity codes. Generally, if a claim is in a queue, it is waiting to be processed by the Trust. If the claim’s Current Queue is in a specific tank (e.g., Mailroom Tank), the Trust is awaiting a response from the Firm. |
Date Received | Date that the Trust received the claim. |
Deemed Withdrawn | The claim is deemed to have been withdrawn by the Trust. |
Deferred | An option to file a claim, but to put on hold and not be processed at that time. Deferral serves as a placeholder for the claim in the Trust's review queue. The claimant may later choose any available filing or payment option. |
Deficiency Code | The codes generated to send notices about missing information or documentation. |
Deficiency Report
| This report provides the user with a PDF, CSV or Excel file that displays a list of standard deficiencies grouped by attorneys. The information provided in the detailed report includes the Claim Number, Firm File #, Last Name, First Name, last four digits of the SSN, Pending Paperwork and Claim Status.
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Deficient Claim | The claim is missing information or documentation that is required by the Trust. |
Disallowed | The Trust has determined that a claim cannot be paid and should be removed from further processing. |
Draft | A claim created on the website but not yet submitted. It is saved on the website until it is submitted to the Trust. |
Duplicate Claim | A claim received by the Trust that matches another claim for the same injured party, which already appears in the Babcock & Wilcox database. The Trust can process only one claim per injured party for a single injury. Duplicate claims are placed on administrative hold until the issue is resolved. |
Electronic Filer Agreement | To access Babcock & Wilcox through Trust Online, the user registers with the Trust by executing the Electronic Filer Agreement that governs the terms of the user's access. |
Evaluated Injury | Medically confirmed injury. |
Exigent Hardship Claim | A claim qualifies as an Exigent Hardship claim if it meets the medical/exposure criteria for Severe Asbestosis (Disease Level IV) or an asbestos-related malignancy (Disease Levels V-VIII), and the Trust, in its sole discretion, determines that the claimant needs financial assistance on an immediate basis. |
Expedited Review (ER) | This election is designed primarily to provide an expeditious, efficient and inexpensive method of liquidating all claims (except those involving Lung Cancer 2 –- (Disease Level VI) claims, Foreign Claims, and Secondary Exposure Claims) where the claim can be easily verified as meeting presumptive medical and exposure criteria. The ER method thus provides claimants with a substantially less burdensome process for pursuing claims than does the Individual Review Process. This process is also intended to provide qualifying claimants with fixed and certain claim payments. |
External Claim Audit | The Trust is governed by the Asbestos Personal Injury Settlement Trust Distribution Procedures, Section 5.8, which requires that the Trust perform an external audit of the exposure information and medical proof submitted to the Trust. |
FIFO | When a claim form is submitted to the Trust, it is assigned an order for processing called First-In-First-Out, or FIFO. |
Firm | The law firm of the representing attorney. |
Foreign Claim | A claim containing any exposure that occurred outside of the US Territories and Canada. |
Hold | A temporary hold placed on a claim by the Trust until a specific issue is resolved. |
ILO | The acronym stands for International Labor Organization. For the Trust's purposes, it refers to the system for classifying chest x-rays. The system provides a simple method for evaluating chest x-rays with abnormalities caused by the inhalation of all types of dust, including asbestos. The ILO refers to the severity of fibrosis found by the chest x-ray, with 0/0 being a normal x-ray and 3/4 indicating the most severe interstitial disease (generally, injured persons with ASB have an ILO between 0/1 and 1/2). |
In Quality Assurance | The claim is in the process of being audited for quality assurance. |
Indirect Claim | Indirect Claimant is the entity seeking contribution, indemnification, or other reimbursement from the Babcock & Wilcox Asbestos Personal Injury Settlement Trust (the "Trust"). |
Individual Review (IR) | This election is designed for claimants that do not meet the presumptive medical and/or exposure criteria, or claimants alleging Disease Levels IV–-VIII who seek to establish a liquidated value for the claim that is greater than its Scheduled Value in the ER process. All Foreign Claims, Lung Cancer 2 claims, and claims alleging Secondary Exposure must undergo IR. |
Injured Person/Party | The individual who was directly injured due to exposure to asbestos. |
Intake Deficient | Occurs when a claim is missing basic Intake information, such as a Social Security number or an alleged injury. |
Interstitial | The tissue between the air sacs of the lung. |
Last Review Date | The most recent date that the claim was reviewed by the Trust. |
Law Firm Address Change | When a law firm has changed its address, the Trust must be notified in writing. Electronic mail is not acceptable. |
Law Firm Name Change | When a law firm changes its name, the Trust must be notified in writing. The Office Managing attorney's signature is required on the law firm’s letterhead. Electronic mail is not acceptable. |
Lung Cancer | A malignancy that may be related to asbestos exposure. There are three major cell typesadenocarcinoma, squamous cell, and oat cell. Adenocarcinoma is somewhat more prevalent in people exposed to asbestos. Asbestos exposure combined with cigarette smoking greatly increases the risks of lung cancer. |
Mesothelioma (Meso) | A malignant tumor of the pleura, the peritoneum, or the pericardium. There may be a long latency period (up to 40 years) between initial asbestos exposure and diagnosis of the disease. There is no known cure and the disease is generally fatal within one to two years of diagnosis. Approximately 90% of mesothelioma cases have had recognized exposure to asbestos. |
Offer Issued | Status of a claim which means the release was mailed to the claimant for settlement. |
Other Asbestos Disease | A Bilateral asbestos-related non-malignant disease or an asbestos-related malignancy other than mesothelioma. This disease category has a fixed payment, whether the claimant is alleging a malignancy or a non-malignancy. |
Other Cancers (OCA) | Other cancers associated with asbestos exposure include colorectal cancer, esophageal cancer, laryngeal cancer, pharyngeal cancer, and stomach cancer. |
Paid Amount | The total amount paid on all claim settlements. |
Paid Claim | The claim settlement check is issued. |
Partial Payment Paid | The claim has been issued a partial payment and is pending subsequent payments. |
Payment Authorization | The claim had been issued a payment and is subsequently authorized for additional payment. |
Payment Extract Report
| This report provides the user with a CSV file that displays a list of paid claims for a specific date range and trust. The information provided in the report includes the Trust, Firm Name, Attorney Name, Claim Number, Claimant Name, Payment Date, Principal Amount, Sequence Adjustment Amount and the Firm File Number.
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Payment Percentage | The percentage of the full liquidated value that all present and future claims are likely to receive for both Individual Review and Expedited Review claims, subject to review and recalculation by the Trustees on an annual basis. |
Pericardium | The membranous sac filled with serous fluid that encloses the heart and the roots of the aorta and other large blood vessels. |
Peritoneal | The serous membrane that lines the walls of the abdominal cavity and folds inward to enclose the viscera. |
Personal Representative | The person recognized, through a legal document or COC, as the representative of the injured person's claim. |
Place in Queue | The field located on the Claim Summary screen in Babcock & Wilcox Online that displays the number of claims ahead of your claim in the Review or Re-Review Queue. From this screen, click on the Place in Queue field, which will provide the average monthly claims being reviewed. Compare this number with the claim's Place in Queue to determine approximately when it may be reviewed. |
Place In Queue Report
| This report provides the user with a PDF, CSV or Excel file that displays a list of claims that are in the Review and Re-Review Queues with their respective 'Place In Queue' number. This report which is grouped by status includes the Attorney Name, Claim #, Firm File #, Injury, Process Option, Injured Party, the last four digits of the SSN Place In Queue and Received Date.
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Pleural Disease (BPD) | A non-malignant disease caused by inhalation of asbestos fibers which scars the pleura. |
Primary Counsel | The lawyer who files asbestos personal injury claims on behalf of his/her client. |
Pro Se Claimant | An individual who has filed or intends to file an asbestos personal injury claim on his/her own behalf without representation of counsel. |
Processed Claim | A claim that has been received by the Trust, assigned a claim number, and is either approved for payment or awaiting more information to meet the Trust's criteria. |
Ready to Re-Review | The claim is pending re-review based on the Trust's First-In-First-Out (FIFO) order. |
Ready to Review | The claim is pending initial medical and exposure review. |
Release | The legal document sent to a claimant offering settlement of the claim. If the claimant accepts the offer, the release must be signed and returned to the Trust or accepted online. When the release is received, it is verified for completeness. |
Release Deficient | The returned release is missing basic information, such as required signatures, and a letter is sent to the claimant advising of the deficiency. |
Release Verified | The returned release has been verified and processed for payment. |
Research | The claim is on hold for administrative research. |
Review | Status of a claim meaning that the claim is in the review process.
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Review Complete | The claim has been review completed and approved. |
Review Deficient
| When a claim is missing information that is required by the Trust to confirm it either medically or for exposure, such as an unacceptable diagnosis or no occupation listed.
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Second Disease Claims
| A second injury is an asbestos-related malignancy that is diagnosed subsequent to receiving payment for a non-malignancy. A new claim form must be filed for a second injury.
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Significant Occupational Exposure
| Employment for a cumulative period for 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; (b) fabricated asbestos-containing products so that the claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers; (c) altered, repaired or otherwise worked with an asbestos-containing products such that the claimant was exposed on a regular basis to asbestos fibers; or (d) was employed in an industry and an occupation such that the claimant worked on a regular basis in close proximity to worked engaged in the activities described in (a), (b) and/or (c).
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Status
| The claim review process that the Trust follows, beginning with Ready to Review and ending with Paid claim status.
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Statute of Limitations
| The deadline for filing a claim with the Trust based on the TDP, as well as the claimant's applicable jurisdiction. |
Withdrawn Claim
| If the claimant concludes that there are no supporting documents to substantiate the claim, the claimant has the option to withdraw the claim. Written notification from the claimant is required requesting withdrawal.
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