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Claim Filings
Review
Offers and Releases
Bar Date
How does a firm/claimant file a claim with Raytech
Corporation Asbestos Personal Injury Trust?
The Raytech Trust has contracted with the Claims Processing Facility to process
the Raytech 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 “Raytech 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.
cility, Inc.
East-West Tech Center
1771 West Diehl Rd., Suite 220
Naperville, Il 60563
Fax: (630) 281-6486
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. If a firm has previously executed the CPF
e-Filer Agreement, to file with one of the other CPF client Trusts, a firm need not
execute another e-Filer Agreement. Instructions for electronic filing or electronic
batch filing are available upon execution of the E-Filer Agreement. Note: It is possible
that claim data previously submitted to the Eagle-Picher Industries Personal Injury
Settlement Trust and the Keene Creditors Trust are available to help expedite the
preparation and review of claims for the Raytech 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 requirements 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: (i) Death Certificate (ii) Certificate of Official Capacity (if personal representative
is filing a claim form) (iii) Medical records as requested in the claim filing instructions (iv)
and/or Proof of Raytech Corporation Exposure as set out in the claim filing instructions.
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, Keene,
and Raytech
have electronic filing modules. At this time 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?
Yes.
Exigent Health: A PI Trust Claim qualifies as an Exigent Health Claim if the claim meets the disease criteria set forth on Schedule A of the TDP for Malignant Mesothelioma or the claimant provides a declaration or affidavit made under penalty of perjury by a physician who has examined the claimant within one hundred twenty (120) days of the date of declaration or affidavit in which the physician states (i) that there is substantial medical doubt that the claimant will survive beyond six months from the date of the declaration or affidavit, and (ii) that the claimant’s terminal condition is caused by a Category II-Lung Cancer, Category III–Other Cancer, or Category IV-Severely Disabling Asbestosis disease.
Extreme Hardship: A PI Trust Claim qualifies for payment as an Extreme Hardship Claim if the Trustees, at their sole discretion, determine (i) that the claimant needs financial assistance on an immediate basis based on the claimant’s expenses and all sources of available income, and (ii) that there is a causal connection between the claimant’s dire financial condition and the claimant’s Category I, Category II, Category III or Category IV disease.
What is an Extraordinary Claim?
In the extraordinary situation in which a claimant can satisfactorily demonstrate that their injury was at least 75% the result of exposure to an asbestos-containing product for which Raytech has legal responsibility, the claimant’s PI Trust claim may be classified as an Extraordinary PI Trust claim. In processing such claims, the PI Trust may require the claimant to authorize release of information from other trusts or organizations established to satisfy personal injury claims based on exposure to asbestos-containing products (hereinafter “asbestos claims resolution organizations”) regarding any claims filed by the claimant with such other trusts or organizations. A claimant who holds an Extraordinary PI Trust Claim may receive up to five times the liquidated value shown on Schedule B of the Trust Distribution Procedures for the relevant Asbestos-Related Disease Category multiplied by the applicable Pro rata Percentage.
Does Raytech 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 with respect to the new cancer-related PI Trust Claim shall be reduced by any amount the claimant was paid in respect of the prior non-malignant claim.
Will the suspension of Disease Categories 5 and 6 ever be lifted?
The Trust will be paying claims in disease Categories I-IV and not accepting claims in Category V or Category VI at this time. Holders of Category V or Category VI will be entitled to submit their claims for payment to the PI Trust in accordance with the provisions of Section V of the Trust Distribution Procedures only if the Trustees determine, with the consent of the TAC and the Legal Representative, that the PI Trust has received sufficient additional assets to begin processing and paying the claims of Level Two claimholders.
Can I file a claim for a non-occupationally exposed person (i.e.
bystander exposure)?
Under Section 7.2(a) of the Claims Resolution and Trust Distribution Procedures only a non-occupationally exposed mesothelioma or lung cancer injury claimant may file a claim.
What are the filing options?
The Claims Resolution and Trust Distribution Procedures provide for an "Expedited Review" claim process for all disease categories. Expedited review provides for a scheduled value amount by disease category multiplied by the current payment percentage.
Scheduled Asbestos Personal Injury Claims Liquidated Value for each Asbestos-Related
Category
Category I – Malignant Mesothelioma $125,000
Category II – Lung Cancer $41,200
Category III – Other Cancer $21,500
Category IV – Severely Disabling Asbestosis $41,200
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”?
A 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 3 and 4 require “Significant Occupational Exposure”.
What does “Credible Evidence of Exposure” mean?
A Claimant must demonstrate meaningful and credible evidence of exposure to asbestos or asbestos-containing products manufactured, produced, distributed, sold, fabricated, installed, released, maintained, repaired, replaced, removed or handled by Raytech and/or any entity for which Raytech is responsible. This may be established by invoices, construction or similar records, or by an affidavit of the claimant or affidavit of co-worker or, in case of a deceased claimant, an affidavit of a family member.
With regard to Product Identification, are there “presumptive” industries for Raytech Corporation Asbestos Personal Injury Trust?
The presumed industries for Raytech claim filings are automotive/mechanical friction and shipyard, ship construction and ship repair.
Do Raytech Trust claims ever get permanently disallowed or dismissed?
Yes, however, the Trust has not yet established a deadline for a claimant to cure deficiencies in their claim. The Trust may at a later date reconsider this position. Additionally, under Section 6.3 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 re-filed at any time, and shall be ordered in the FIFO queue based upon the receipt by the Trust of the re-filed claim.
How does a firm/claimant dispute a denied claim or offer? Is there an ADR program?
Yes. A holder of a PI Trust Claim may dispute only (1) the classification of the claim, or the refusal to classify a claim, in one of the Asbestos-Related Disease Categories described on Schedule A, and/or (2) the claim’s eligibility to be classified as (a) an Extraordinary PI Trust Claim as described in Section 5.3. of the Trust Distribution Procedures (b) an Exigent Health Claim as described in Section 5.4(a) Trust Distribution Procedures or (c) an Extreme Hardship Claim as described in Section 5.4(b) Trust Distribution Procedures. No other issues, particularly including the Pro rata Percentage, the liquidated values as set forth on Schedule B, or the resulting distribution amounts offered for each category, shall be subject to dispute. A claimant who disputes the PI Trust’s classification of the claim as described above has three mutually exclusive options. The claimant may (i) request binding arbitration pursuant to alternative dispute resolution procedures to be adopted by the PI Trust with the consent of the TAC and the Legal Representative, or (ii) request a Trustee Conference as described in Section 7.7 of the Trust Distribution Procedures. If the claimant wishes to request either binding arbitration or a Trustee Conference, that request must be made within six months of the Trustees’ offer in accordance with Section 6.3.
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 5.5(i) of the Procedures.
What are the criteria for each Disease Category?
See Section VII and Schedule A of the Trust Distribution Procedures.
How long does a firm/claimant have to respond to a disallowance?
At this time the Trust has not instituted any disallowance response deadlines.
Does the Raytech Trust cap the percentage of attorney fees payable in connection with the filing and settlement of Raytech claims?
No.
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 Raytech 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 Raytech Trust’s payment percentage?
The current payment percentage is 2.0%. Since this is based on a forecast of Raytech’s total liability to present and future Raytech 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?
The Trust has decided not to enforce a deadline to return a release at this time.
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 5.5(i) of the Procedures.
What is the deadline for filing a Raytech Claim?
To be eligible for a place in the FIFO Processing Queue, a claim must comply with the following bar dates (the "Bar Dates"):
(i) Any claim first diagnosed prior to October 1, 2006 must be filed with the Raytech Trust within one year of the initial claims filing date; and
(ii) Any claim first diagnosed after October 1, 2006 must be filed with the Raytech Trust within one year of the initial claims filing date or three years from the date of diagnosis, whichever occurs later.
The Initial Claims Filing Date is January 15, 2010. If a claim is not filed with the Raytech Trust prior to the applicable Bar Date, the claimant may seek relief from the Bar Date upon a showing of good cause, which will be determined within the sole discretion of the Trustees. In addition, as to any claims that were time-barred as of the Petition Date, March 10, 1989, the Raytech Trust retains all rights and defenses based on state and federal statutes of limitations and repose.
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