|
Claim Filings
Review
Offers and Releases
Statutes of Limitation
How does a firm/claimant file a claim with Keene Creditors Trust?
The Keene Creditors Trust has contracted with the Claims Processing Facility to
process the Keene Trust asbestos-related personal injury claims. The CPF
provides two (2) opportunities for filing asbestos injury claims – hard copy
paper submission or electronic filing. You may obtain a hard copy of the claim
form on the CPF website at www.cpf-inc.com by selecting “Keene Trust
Information”. The claim form and claim filing instructions should be reviewed
carefully prior to claim submission. All paper claim submissions must be mailed
or otherwise delivered to the Trust’s claim processor at the following address:
Claims Processing Facility, Inc.
East-West Tech Center
1771 West Diehl Rd., Suite 220
Naperville, Il 60563
Fax: (630) 281-6486
Additionally, once a law firm executes the CPF E-Filer Agreement (copy
available at www.cpf-inc.com), Claimant’s counsel may also file claims
electronically – either on an individual basis or through the CPF Batch filing
process. Instructions for electronic filing or electronic batch filing are
available upon execution of the E-Filer Agreement. Additionally, you may
contact the CPF to schedule individual Webinar training for your firm. Note: It
is possible that claim data previously submitted to the Eagle Picher Industries
Personal Injury Settlement Trust are available to help expedite the preparation
and review of claims for the Keene Creditors Trust. Please visit the Claims
Processing Facility website (www.cpf-inc.com) for information on how to make
use of this data. For forms/procedures/filing instructions: Call
(888)273-3345((888)CPF-EFILE) or download any of the documents from the
website. What documentation needs to be submitted to support filing a claim?
Any supporting documents for exposure and/or medical should be supplied with
the proof of claim form at the time of submission. Additionally, if applicable
a claim filing may require the following documents: - Death Certificate -
Certificate of Official Capacity (if personal representative is filing form) -
Medical records as requested in instructions - Proof of Keene Corporation
Exposure as set out in the instructions - Copy of cover sheet of complaint -
Copy of W-2 and first page of IRS Form 1040 (if applicable)
What documentation needs to be submitted to support filing a claim?
Any supporting documents for exposure and/or medical should be
supplied with the proof of claim form at the time of submission. Additionally,
if applicable a claim filing may require the following documents: - Death
Certificate - Certificate of Official Capacity (if personal representative is
filing form) - Medical records as requested in instructions - Proof of Keene
Corporation Exposure as set out in the instructions - Copy of cover sheet of
complaint - Copy of W-2 and first page of IRS Form 1040 (if applicable)
Does a law firm need to execute an E-Filer Agreement for each Trust
affiliated with the CPF?
No. The CPF E-filer Agreement applies to all Trusts affiliated with the CPF
that have elected to institute an electronic filing option. Note: EPI and Keene
have electronic filing modules. The UNR Trust has not at this time elected an
electronic option.
Can a firm file both electronic and paper claims?
Yes.
Is there a formal exigent health program?
There is no formal exigent health program. However, in cases of
extreme hardship claimant may submit a written request for exigency status by
submitting the written request to the Keene Trustees c/o the Claims Processing
Facility, Inc.
Does Keene Creditors Trust allow second injury claims to be filed?
Yes. Any claimant who receives a payment for a non-malignant asbestos injury
may file a personal injury claim for an asbestos-related malignancy that is
diagnosed subsequent to signing the release for the non-malignant disease
settlement. Any additional payments to which such claimant may be entitled
shall not be reduced by the amount of the prior payment for a non-malignant
disease.
Will the suspension of Disease Categories 6 and 7 ever be lifted?
The Trust will be paying claims in disease Categories 1-5 and not accepting
claims in Category 6 or Category 7 at this time. Though the Trustees do not
currently foresee events that would cause the Trust to pay these disease
categories, if at some time in the future, it is appropriate to pay claims in
one or both of these diseases categories, the statutes of limitation for claims
in these Disease Categories will be deemed tolled until such time as the Trust
lifts the suspension.
Can I file a claim for a non-occupationally exposed person (i.e.
bystander exposure)?
Under Section 5.2(a) of the Claims Resolution and Trust Distribution Procedures
only a non-occupationally exposed mesothelioma injury claimant may file a claim
for an injury resulting from exposure occurring through an occupationally
exposed person.
What are the filing options?
There is an Expedited Review and Individualized Review. However, the Claims
Resolution and Trust Distribution Procedures provide for an "Expedited Review"
claim process for all disease categories except Category 3 - Lung Cancer, Level
I. Expedited review provides for a scheduled value amount by disease category
multiplied by the current payment percentage. Lung Cancer, Level I must select
an "Individualized Review" claim process. These claims are claims that do not
meet the minimal medical and/or exposure requirement of Lung Cancer, Level II
claims. All claims in this Disease Category will be individually evaluated. The
estimated anticipated average of the individual awards for this category is
$13,700 at the current payment percentage this would translate to a potential
cash payment of $151. Claimants having their claim reviewed under Expedited
Review only need to complete parts 1 - 7 and 11 of the claim form. Those
claimants who are required to file under individualized review must also
complete parts 8, 9, and 10.
What type of claims can have an Expedited Review? Individual
Review?
All disease categories, except Category 3- Lung Cancer, Level 1, receive the
“Expedited” review process. Category 3- Lung Cancer, Level 1 is reviewed under
the “Individual” review process.
Why is Individualized Review restricted to Category 3 Lung Cancer
Level 1?
Due to the limited assets and resources of the Trust, it is essential that the
Trust’s administrative and claims processing costs are kept to a minimum. The
Trust’s expedited review process is designed to provide expeditious, efficient
and fair methods for the liquidation of claims. However, the Category 3 - Lung
Cancer, Level I claims do not meet the minimal medical and exposure requirement
of Category 2 - Lung Cancer, Level II claims and, therefore, require a more
individualized review. Particularly, these claims do not require a diagnosis of
an asbestos-related underlying lung disease or Significant Occupational
Exposure. Without evidence or markers of asbestos exposure noted by an
underlying disease the causal connection between Lung Cancers and asbestos is
much more tenuous and requires a more in-depth review and analysis.
What is the definition of a physical examination?
A physical examination includes a basic inspection of the patient by a
physician for physical signs and symptoms of a disease or abnormality. The
practical application of this definition includes a meeting between a physician
and patient in an examination area where the physician proceeds to inspect the
patient with the standard of care appropriate for examinations related to
suspected asbestos-related diseases. The examining physician should also
indicate that he or she performed or reviewed reports of B-Reading, pulmonary
function testing, or pathology tests on which his or her opinion of the
patient's condition is based.
What is “Significant Occupational Exposure”?
Claimant must have been employed for a cumulative period of at least five (5)
years in an industry and an occupation in which the claimant (i) handled raw
asbestos fibers on a regular basis, (ii) fabricated asbestos-containing
products so that the claimant in the fabrication process was exposed on a
regular basis to raw asbestos fibers, (iii) altered, repaired or otherwise
worked with an asbestos-containing product such that the claimant was exposed
on a regular basis to asbestos fibers, or (iv) 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 (i), (ii) and/or (iii).
Disease categories 2, 4, and 5 require “Significant Occupational Exposure”.
What does “Credible Evidence of Exposure” mean?
Claimant must demonstrate meaningful and credible evidence of exposure to an
asbestos-containing product manufactured and/or sold by Keene. This evidence
may be established by an affidavit of a co-worker or the affidavit of a family
member in the case of a deceased claimant, by invoices, construction or similar
records or other credible evidence. The evidence will also be presumed to be
established if a claimant, living at the time the claim is filed personally
swears, under penalty of perjury, to the exposure information provided in Part
3 of the Claim Form. The claimant can do this by personally signing Part 9,
page 11 of the Claim Form.
With regard to Product Identification, are there “presumptive”
industries for Keene Creditors Trust?
There are no presumed industries for Keene claim filings. A sworn signature on
Part 9 of the claim form by a living claimant will constitute evidence of
company exposure. A claim filed on behalf of a deceased person must provide an
affidavit of a co-worker or a family member of the injured party establishing
the presence of Keene asbestos products at the site of alleged exposure. This
evidence may also be provided through invoices, construction or similar records
or other credible evidence establishing the presence of the Keene asbestos
products at the site of alleged exposure. The Trust will maintain a site list
compiled through claim filings and once an exposure site is sufficiently
established as including the presence of Keene asbestos-containing products,
the site need not be independently established again.
Do Keene Creditors Trust claims ever get permanently disallowed or
dismissed?
Yes, however, the Trust has not yet established a time deadline for a claimant
to cure deficiencies in their claim. the Trust may at a later date reconsider
this position. Additionally, under Section 5.4(h) of the Claims Resolution and
Trust Distribution Procedures, a claimant may elect to withdraw a claim at any
time. A claim that is withdrawn or deemed withdrawn may be refiled at any time,
and shall be ordered in the FIFO queue based upon the receipt by the Trust of
the refiled claim.
Is there an ADR program for neutral evaluation of the value of a
case or validity disputes?
No. Under Section 5.6(b) of the Procedures only claimants who reject the
Trust’s reevaluation of the claim must proceed to the tort system. See Section
5.6(b) of the Claims Resolution and Trust Distribution Procedures.
How does a firm/claimant dispute a denied claim?
The claimant may dispute any such determination, asking the Trust to reconsider
that determination by providing written notice to the Trust as provided in
Section 5.4(i) of the Procedures.
What are the criteria for each Disease Category?
See Section 5.2 of the Claims Resolution and Trust Distribution Procedures.
Category 1- Mesothelioma: a) Diagnosis of mesothelioma; and b) Credible
evidence of exposure to asbestos products manufactured and/or sold by Keene.
Category 2- Lung Cancer, Level II: a) Diagnosis of a primary lung cancer plus
evidence of an underlying bilateral asbestos-related non-malignant disease; b)
Six (6) months occupational exposure to Keene asbestos products plus
Significant Occupational Exposure to asbestos; and c) Supporting medical
documentation establishing asbestos exposure as a contributing factor in
causing the lung cancer in question. Category 3- Lung Cancer, Level I: a)
Diagnosis of a primary lung cancer; b) Occupational exposure to Keene asbestos
products; and c) Supporting medical documentation establishing asbestos
exposure as a contributing factor in causing the lung cancer in question.
Category 4- Other Cancer: a) Diagnosis of a primary colorectal, laryngeal,
esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying
bilateral Asbestos-Related non-malignant disease; b) Six (6) months
occupational exposure to Keene asbestos products plus Significant Occupational
Exposure; and c) Supporting medical documentation establishing asbestos
exposure as a contributing factor in causing the other cancer in question.
Category 5- Severe Asbestosis Disease: a) Diagnosis of asbestosis with ILO of
2/1 or greater, or asbestosis determined by pathology, plus (a) TLC less than
65% or (b) FVC less than 65% plus FEV1/FVC ratio greater than 65%; b) Six (6)
months occupational exposure to Keene asbestos products plus Significant
Occupational Exposure; and c) Supporting medical documentation establishing
asbestos exposure as a contributing factor in causing the pulmonary condition
in question.
How long does a firm/claimant have to respond to a disallowance?
At this time the Trust has not instituted any response deadlines.
Does the Keene Trust cap the percentage of attorney fees payable
in connection with the filing and settlement of Keene claims?
Yes. Section 9.6 of the Procedures restricts the recovery of attorney fees
provided in the contract between claimant and counsel to be the lower of the
fee provided in the contract between claimant and counsel or 25%, exclusive of
costs chargeable to the claimant. The recovery shall be measured by the actual
payments from the Trust to the claimant, not the Scheduled Value of the Claim.
Can a release be signed electronically or does a paper copy have
to be returned?
A law firm that is enabled on the CPF e-File system may receive releases
electronically, but in order to process a Keene Trust settlement, a paper copy
of the release needs to be returned to the CPF via mail, facsimile or
electronic mail.. The Trust will accept e-mailed and facsimile copies of the
executed release – the original release need not be returned.
What is Keene Creditors Trust payment percentage?
The current payment percentage is 1.1%. Since this is based on a forecast of
Keene’s total liability to present and future Keene asbestos personal injury
claimants, due to the inherent uncertainties surrounding any such forecast the
payment percentage may fluctuate in the future.
When are offers/payments issued?
Payments are normally issued within 30 days of receipt of a properly executed
release.
How much time does a firm/claimant have to return a release?
Although the Claims Resolution and Trust Distribution Procedures require a
claimant to return an executed release within three (3) months or the claim
will be deemed withdrawn, the Trust has decided not to enforce this policy at
this time. Due to the length of time that has passed since Keene went into
bankruptcy, during these early stages of Trust operation the Trustees have
decided to be liberal in granting extensions. Please request an extension in
writing.
How does a firm/claimant dispute an offer?
If the claimant disagrees with the Scheduled Disease determination made by the
Trust, the claimant may dispute such determination and ask the Trust to
reconsider its determination by providing written notice to the Trust as
provided in Section 5.4(i) of the Procedures.
What are the statutes of limitation on filing a Keene Creditors
Trust claim?
To be eligible for a place in the FIFO Processing Queue, a claim must meet
either:
(i) For claims first filed in the tort system against Keene prior to the
Petition Date (December 3, 1993), the applicable federal, state, and foreign
statute of limitation and repose that was in effect at the time of the filing
of the claim in the tort system, or
(ii) For claims not filed against Keene prior to December 3, 1993, the
applicable statute of limitation that was in effect at the time of the filing
with the Trust. However, the running of the relevant statute of limitation
shall be tolled by any of the following:
a. The actual filing of the claim against Keene prior to December 3, 1993,
whether in the tort system or by submission of the claim to Keene pursuant to
administrative settlement agreement;
b. The filing of the claim against another defendant in the tort system prior
to December 3, 1993, if the claim was tolled against Keene by an agreement or
otherwise;
c. The filing of a claim after December 3, 1993, but prior to July 31, 1996
(the Effective Date) against another defendant in the tort system;
d. The filing of a proof of claim prior to July 31, 1996 in Keene’s Chapter 11
bankruptcy case.
If a Claim meets any of the tolling provisions described in the preceding
sentence and the claim was not barred by the applicable statute of limitation
at the time of the tolling event, it will be treated as timely filed if it is
actually filed with the Trust by April 15, 2009. In addition, any claims that
were first diagnosed after December 3, 1993, irrespective of the application of
any relevant statute of limitation or repose, may be filed with the Trust
within three years after the date of diagnosis or by April 15, 2009, whichever
occurs later. Finally, the statute of limitations shall be deemed tolled for
Disease Categories in which the Trust has suspended claims (currently
Categories 6 and 7).
|
