Medical Criteria
Requirements for an Asbestos and Mesothelioma Claim
This is the latency, diagnostic, exposure and medical
criteria required of an asbestos claim for each of the nine
disease levels. Levels I through V include nonmalignant
asbestos-related disease or conditions and levels VI
through IX include malignant diseases.
Latency: Claimants must provide a
statement from a doctor or a history of exposure stating
that at least ten years elapsed from the date of the
initial exposure to the date of the initial diagnosis of
any asbestos-related injury.
Diagnostic Criteria: This section sets
forth diagnostic criteria that track the typical elements
of a medical diagnosis, such as an in-person physical
examination by the claimant's doctor, a thorough review of
the claimant's medical, smoking and exposure history by the
claimant's doctor, and a review of other potential causes
of the claimant's illness.
For levels I through V, the claimant must provide a
diagnosis based on an in-person physical examination by the
claimant's doctor providing the diagnosis, an evaluation of
smoking history and exposure history before making a
diagnosis, an x-ray reading by a certified B-reader. Level
III through V claims must also include a pulmonary function
test. For deceased Level I through V claimants, the claim
must include a physician's report based on pathological
evidence or an x-ray reading by a certified B-reader. For
levels VI through IX, the claimant must provide a diagnosis
based on a physical examination or on findings by a
board-certified pathologist. For deceased Level VI through
IX claimants, the claim must include a diagnosis of the
disease by a board-certified pathologist and a physician's
report based upon a review of the claimant's medical
records.
Exposure Criteria: A claimant must
demonstrate meaningful and credible evidence of exposure to
asbestos in the United States, its territories or
possessions, or while a United States citizen, while an
employee of an entity organized under any Federal or State
law regardless of location, or while a United States
citizen while serving on any United States flagged or owned
ship, provided the exposure results from such employment or
service.
Proof of Exposure--The claimant may
demonstrate exposure to asbestos by affidavit of the
claimant (or, if deceased, a co-worker or family member of
the claimant) or by alternative documentation, such as
invoices, construction or similar records, or other
reliable evidence.
“Take-Home”
Exposure--Alternatively, the claimant may satisfy
the exposure criteria by demonstrating that the claimant
was exposed to asbestos brought home by an occupationally
exposed person. A claimant establishing “take
home” exposure must demonstrate that: (1) the
claimant lived and used the residence of an occupationally
exposed person during the required exposure time; and (2)
the occupationally exposed person can satisfy the exposure
requirements for the level claimed. It is understood that
household members may travel to a certain extent for work
or vacation and still be considered as “living
with” another member of the household. Except for
Level IX claims, a Physicians Panel will review all
“take home” exposure claims determine whether
the causal relationship between the take home exposure to
asbestos is comparable to the occupationally exposed
person.
Exposure Presumptions--exposure
presumptions prescribe time periods in which workers
employed in specific industries or occupations were
substantially exposed to asbestos. A claimant must
demonstrate that the claimant worked in the industry for
the relevant time period to be entitled to the presumption.
However, these presumptions are not conclusive of
substantial exposure to asbestos and may be rebutted by
information to the contrary. Further, even if the claimant
can demonstrate entitlement to a presumption of exposure,
the claimant must still satisfy the exposure and medical
criteria requirements.
next page for Medical Criteria and Asbestos
Disease Levels
(excerpted from the US
Senate's Hearings on the FAIR Act, and Modified by
AntiHubris.com)