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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