In order to establish a valid asbestos personal injury claim, a claimant must provide a medical report from a qualified physician diagnosing an asbestos injury based upon the physical examination of the claimant. Additional proof may be required depending upon the injury alleged. A claimant must also document that at least 10 years elapsed between the date of first exposure to asbestos and the diagnosis of an asbestos injury. Additionally, the claim must include:

• If Mesothelioma is alleged:

  • A pathology report with findings clearly diagnosing Mesothelioma.

• If Lung Cancer is alleged:

  • A pathology report with findings clearly diagnosing lung cancer of any cell type and that the lung is the primary site of cancer, and
  • A diagnosis of underlying non-malignant bilateral pleural or parenchymal asbestos lung disease. The diagnosis of non-malignant disease must be based upon a medical report from a qualified physician that results from a physical examination containing a diagnosis of an asbestos injury by that physician, and
  • Copies of all x-ray, CAT scan and HRCT scan reports, Pulmonary Function Tests (PFT), pathology reports, and autopsy reports relied upon by the physician diagnosing bilateral pleural or parenchymal lung disease.

• If Other Cancer is alleged:

  • A pathology report diagnosing the presence of cancer of any cell type originating in the colon, larynx, esophagus, pharynx, stomach or rectum, and
  • A diagnosis of underlying non-malignant bilateral pleural or parenchymal asbestos lung disease. The diagnosis of non-malignant disease must be based upon a medical report from a qualified physician that results from a physical examination containing a diagnosis of an asbestos injury by that physician, and
  • Copies of all x-ray, CAT scan and HRCT scan reports, Pulmonary Function Tests (PFT), pathology reports, and autopsy reports relied upon by the physician diagnosing bilateral pleural or parenchymal lung disease.

• If a Non-Malignant Asbestos Disease is alleged:

  • Copies of all x-ray and CAT scan reports, Pulmonary Function Tests (PFT), pathology reports, and autopsy reports relied upon by the physician diagnosing bilateral pleural or parenchymal lung disease, and
  • If impairment or disability is claimed, it must be shown by Pulmonary Function Tests (PFT) with total lung capacity (TLC), forced vital capacity (FVC), and diffusion capacity (DLCO) of 75% or less.

• If death from Asbestos Disease is alleged:

  • A Death Certificate together with any available autopsy reports, pathology studies, hospital records, or any other medical reports.

Finally, section 7.1(b) of the EPI Trust Claims Resolution Procedures requires a diagnosis of an asbestos injury by a qualified physician that results from a physical examination. The Trust has adopted the universal definition of physical examination as accepted within the medical community, which is an “examination of the body by auscultation, palpation, percussion, inspection and smelling.” This definition requires that a physician touch, listen to and examine the injured person. All medical reports shall document current symptoms and complaints and include a work history together with x-ray or CAT scan findings and the results of any Pulmonary Function Tests (PFT), if available. All submitted medical evidence must comply with recognized medical standards regarding equipment, testing methods, and procedures.