Bondex Trust FAQs

Bondex Trust Claim Filings Questions

Questions & Answers

How does a firm/claimant file a claim with Bondex Corporation Asbestos Personal Injury Trust?

Information about this process can be found under the Bondex Trust - Summary of Claim Filing Instructions page available in the left navigation menu.

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Do I need an attorney to file my claim so I can be paid?

No, a claimant not represented by an attorney may request a Claim Form and Instructions for Filing from the CPF by mail or e-mail.

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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: (i) Death Certificate (ii) Certificate of Official Capacity or other estate documentation (if personal representative is filing form) (iii) medical records as required by the Asbestos PI Trust Distribution Procedures ("TDP") and as requested in instructions for filing (iv) proof of Bondex exposure as defined in section 5.6 (b) of the Trust Distribution Procedures ("TDP") and as set out in the instructions for filing (v) documentation of Economic Loss.

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How do I register for an online account?

A law firm may request that the CPF provide access to its online filing system by executing the Electronic Filer Agreement. Complete instructions for using the electronic filing system are available for viewing, downloading, and printing from the Trust’s website at www.BondexAsbestosTrust.com. Upon receipt of the Electronic Filer Agreement, the CPF will provide the law firm with one or more user names and passwords to the electronic filing system and instructions for submitting claims to the Trust electronically.

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Does a law firm need to execute an e-File Agreement for the Bondex Trust?

No. A previously executed CPF e-File Agreement shall apply to the Bondex Trust.

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Can a firm file both electronic and paper claims?

Yes. Submit and manage your claim electronically through the Bondex Asbestos PI Trust’s website: www.BondexAsbestosTrust.com. Submit completed paper claims to:

Claims Processing Facility, Inc.
1771 West Diehl Road, Suite 220
Naperville, IL 60563

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Is there a filing fee to file a Bondex Claim?

No.

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Does the Bondex Trust have a deferral policy?

Yes. A claimant can request that the processing of his or her Trust Claim be deferred for a period not to exceed three (3) years without affecting the status of the claim for statute of limitations purposes, in which case the claimant shall also retain his or her original place in the FIFO Processing Queue. See Section 6.3 of the TDP.

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What does it mean to defer a claim?

The claim is suspended from processing. See Section 6.3 of the TDP.

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How do I activate a previously deferred claim?

A claimant can activate the processing of his or her Trust Claim at any time upon written notice to the Trust as long as the claim is still within the three-year deferral period. See Section 6.3 of the TDP.

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How do I withdraw a claim?

A claimant can withdraw an active Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a new place in the FIFO Processing Queue. See Section 6.3 of the TDP.

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Is there a formal exigent health program?

Yes. See Section 5.4 of the Trust Distribution Procedures.

Exigent Health: A PI Trust Claim qualifies as an Exigent Health Claim if the claim meets the Medical/Exposure criteria set forth in Section 5.6 of the TDP for Mesothelioma (Disease Level VIII) and the claimant is living when the claim is filed. A claim in Disease levels IV-VII qualifies as an Exigent Health Claim if the claim meets the Medical/Exposure Criteria for the disease level, and 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 (a) that there is substantial medical doubt that the claimant will survive beyond six (6) months from the date of the declaration or affidavit, and (b) that the claimant’s terminal condition is caused by the relevant asbestos-related disease.

Exigent Hardship Claims: A PI Trust Claim qualifies as an Exigent Hardship Claim if the claim 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 (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 casual connection between the claimant’s dire financial condition and the claimant’s asbestos-related disease.

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Does the Bondex 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. See Section 5.8 of the TDP.

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Can I file a claim for secondary exposure to an occupationally exposed person?

Yes. If a claimant is alleging mesothelioma, resulting solely or in part from exposure to an occupationally exposed person, such as a family member, the claimant can elect Expedited or Individual review. All other diseases resulting solely or in part from exposure to an occupationally exposed person, such as a family member, the claimant must seek Individual Review.

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What are the filing options?

There is an Expedited Review and Individualized Review. See Section 5.3(a) and 5.3(b) of the TDP.

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Can I choose both Expedited and Individual Review?

Except for Disease Level VI and any Foreign Claims, until such time as the Trust has made an offer on a claim pursuant to Individual Review, the claimant may change his or her Individual Review election and have the claim liquidated pursuant to the Trusts Expedited Review Process. See Section 5.3(b)(1) of the TDP.

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What type of claims can have an Expedited Review? Individual Review?

Expedited Review (“ER”) is available for all disease categories except Level VI (Lung Cancer 2) Claims, Secondary Exposure Claims other than Mesothelioma Claims and Foreign Claims. See Section 5.3 (a) of the TDP.

Individual Review (‘IR”) is available for all disease categories but must be selected for Level VI (Lung Cancer 2) Claims, Secondary Exposure Claims other than Mesothelioma Claims and Foreign Claims. See Section 5.3 (b) of the TDP.

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Bondex Trust Review Questions

Questions & Answers

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.

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What is "Significant Occupational Exposure"?

Claimant must have been employed for a cumulative period of at least five (5) years, with a minimum of two (2) years prior to December 31, 1982, 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 levels VII (Lung Cancer 1), Level V (Other Cancer), Level IV (Severe Asbestosis) and Level III (Asbestosis/Pleural Disease) require "Significant Occupational Exposure." See Section 5.6(b)(1)(A)

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What does "Credible Evidence of Exposure" mean?

Claimant must demonstrate meaningful and credible evidence of exposure, which occurred prior to December 31, 1982, (a) to an asbestos-containing product sold, distributed, marketed, handled, processed, or manufactured by one or more SPHC Parties or for which one or more SPHC Parties otherwise have legal responsibility or (b) to conduct for which one or more SPHC Parties have legal responsibility that exposed the claimant to an asbestos-containing product. That meaningful and credible exposure evidence may be established by an affidavit or sworn statement of the claimant (based on personal knowledge); an affidavit or sworn statement of a co-worker (based on personal knowledge); by invoices, employment , construction or similar records; or by other credible evidence. See Section 5.6(b)(1)(B)

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With regard to Product Identification, are there "presumptive" industries for Bondex Corporation Asbestos Personal Injury Trust?

No.

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Do Bondex 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 6.3 of the First Amended 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.

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Is there an ADR program for neutral evaluation of the value of a case or validity disputes?

Yes. See 5.9 of the Trust Distribution Procedures.

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How does a firm/claimant dispute a denied claim?

Questions or clarifications of claim deficiencies, valuations or other Trust actions may be addressed in writing to the Bondex Asbestos Trust. All unresolved disputes over a claimant’s medical condition, exposure history, and/or the validity or liquidated value of a claim shall be subject to mediation and/or binding or non-binding arbitration pursuant to Section 5.9 of the TDP, at the election of the claimant, under the Alternative Dispute Resolution Procedures to be adopted by the Trust. Bondex Trust Claims that are the subject of a dispute with the Trust that cannot be resolved by non-binding arbitration may enter the tort system as provided in Sections 5.10 and 7.6 of the TDP. However, if and when a claimant obtains a judgement in the tort system, the judgment shall be payable (subject to the Payment Percentage, Maximum Available Payment and Claims Payment Ration provisions) as provided in Section 7.7 of the TDP.

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How do I respond to a claim deficiency?

A claimant can respond to an intake/review deficiency by using the CPF online system. Law firms that are not registered users of the CPF’s online system and claimants not represented by counsel can submit responses via fax, email or mail to the Trust care of the CPF.

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When I am supplementing claim information or responding to a deficiency, do I need to resubmit the claim form?

No.

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What are the criteria for each Disease Category?

See Section 5.3(a) (3) of the Trust Distribution Procedures.

Level VIII - Mesothelioma:
(1) Diagnosis of mesothelioma; and (2) Debtor Exposure.

Level VII – Lung Cancer 1:
(1) Diagnosis of a primary lung cancer plus evidence of an underlying Bilateral Asbestos-Related Nonmalignant Disease; (2) Six months Debtor Exposure prior to December 31, 1982; (3) Significant Occupational Exposure to asbestos; and (4) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.

Level VI – Lung Cancer 2: These are claims that do not meet the more stringent medical and/or exposure requirements of Lung Cancer (Level VII) claims. All claims in this Disease Level shall be individually evaluated.
(1) Diagnosis of a primary lung cancer; (2) Debtor Exposure prior to December 31, 1982; and (3) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.

Level V – Other Cancer:
(1) Diagnosis of a primary colorectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying Bilateral Asbestos-Related Nonmalignant disease; (2) Six months Debtor Exposure prior to December 31, 1982; (3) Significant Occupational Exposure to asbestos; and (4) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the other cancer in question.

Level IV – Severe Asbestosis Disease:
(1) Diagnosis of asbestosis with ILO of 2/1 or greater, or asbestosis determined by pathological evidence of asbestosis, plus (a) TLC less than 65%, or (b) FVC less than 65% and FEV1/FVC ratio greater than 65%; (2) Six months Debtor Exposure prior to December 31, 1982; (3) Significant Occupational Exposure to asbestos; and (4) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary condition in question.

Level III – Asbestosis/Pleural Disease
(1) Diagnosis of a Bilateral Asbestos-Related Nonmalignant Disease plus (a) TLC less than 80%, or (b) FVC less than 80% and FEV1/FVC ratio greater than or equal to 65%; (2) six months Debtor Exposure prior to December 31, 1982; (3) Significant Occupational Exposure to asbestos; and (4) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease in question.

Level II – Asbestosis/Pleural Disease
(1) Diagnosis of a Bilateral Asbestos-Related Nonmalignant Disease; and(2) six months Debtor Exposure prior to December 31,1982; and (3) five years cumulative occupational exposure to asbestos.

Level I – Other Asbestos Disease Cash Discount Payment
(1) Diagnosis of a Bilateral Asbestos-Related Nonmalignant Disease or an asbestos-related malignancy other than mesothelioma; and (2) Debtor Exposure prior to December 31, 1982.

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How long does a firm/claimant have to respond to a disallowance?

At this time the Trust has not instituted any response deadlines.

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Does the Bondex Trust cap the percentage of attorney fees payable in connection with the filing and settlement of claims?

No.

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Bondex Trust Offers and Releases Questions

Questions & Answers

What is required to issue a death and survivorship release?

The Bondex Trust requires a death certificate and the name of a personal representative for the estate. If no estate was probated, please use the certification and warranty form found on the Bondex Certifications for Decedent’s Representation page available in the left navigation menu.

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How often are offers/releases issued?

Initial offers are made once a month. Reprinted offers are issued periodically.

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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 Bondex 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.

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How much time does a firm/claimant have to return a release?

Although the Trust Distribution Procedures require a claimant to return an executed release within six months or the claim will be deemed withdrawn, the Trust has decided not to enforce this policy at this time.

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When are claim settlement payments made?

Claim payments are normally issued within 30 days from the receipt of a properly executed release.

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How does a firm/claimant dispute an offer?

Questions or clarifications of claim deficiencies, valuations, or other Trust actions may be addressed in writing to the Bondex Asbestos Trust. All unresolved disputes over a claimant’s medical condition, exposure history, and/or the validity or liquidated value of a claim shall be subject to mediation and/or binding or non-binding arbitration pursuant to Section 5.9 of the TDP, at the election of the claimant, under the Alternative Dispute Resolution Procedures to be adopted by the Trust. Bondex Trust Claims that are the subject of a dispute with the Trust that cannot be resolved by non-binding arbitration may enter the tort system as provided in Sections 5.10 and 7.6 of the TDP.

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What is the Bondex Trust's payment percentage?

The current payment percentage is 22%. Since this is based on a forecast of Bondex’s total liability to present and future Bondex asbestos personal injury claimants, due to the inherent uncertainties surrounding any such forecast the payment percentage may fluctuate in the future.

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Bondex Trust Statute of Limitations Questions

Questions & Answers

What is the statute of limitations on filing a Bondex Trust claim?

Please see Section 5.1(a)(2) - Statute of Limitations found in the Trust Distribution Procedures.

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