Fairbanks Trust FAQs

Fairbanks Trust Claim Filings Questions

Questions & Answers

How does a firm/claimant file a claim with Fairbanks Trust?

Filing Fees

All claimants must pay a Claim Processing Fee of $50.00 for each claim filed with the Trust.  The Trust will not process a claim unless and until the Claim Processing Fee has been paid; if the Claim Processing Fee is not received within 60 days of the Trust’s receipt of the claim, the claim will be rejected, and the Statute of Limitations will not be considered to have been tolled.  If the claim is approved for payment, the Claim Processing Fee will be refunded in full at the time of the payment of the claim.

Please submit your Claim Processing Fee:

By ACH:

Electronic funds payment details
The Huntington National Bank
41 South High Street
Columbus, OH 43287
ACH Routing #: 044000024
Account Name: Fairbanks Asbestos Personal Injury Trust
Account Number: 01893937046
Please include law firm name with payment.

If you prefer to pay by check, please submit all payments to:

    Fairbanks Asbestos Personal Injury Trust
    C/O Claims Processing Facility, Inc.
    1771 West Diehl Road, Suite 220
    Naperville, Illinois 60563


To file a claim

To file a claim, you must submit a completed Claim Form along with all the required supporting documentation.  You may submit your claim to the Trust using either (1) the Claim Form or (2) by bulk electronic submission through the Trust’s online filing system, or (3) by entering the claim using the on-line data entry form.  You may also provide the supporting documentation in either hard copy or in electronic format (as either PDF or TIFF files).  All materials must be sent to the Trust by mail, e-mail, or submitted online by using the following addresses:

    
Mail Submissions:

    Fairbanks Asbestos Personal Injury Trust
    C/O Claims Processing Facility, Inc.
    1771 West Diehl Road, Suite 220
    Naperville, Illinois 60563

    E-Mail: ehelp@cpf-inc.com

    Online submissions: efile.cpf-inc.com

 

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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 Claim Form) (iii) Medical Records as required in section 5.7 (a) of the Asbestos PI Trust Distribution Procedures (“TDP”) (iv) Proof of Fairbanks Exposure as defined in section 5.7 (b) of the Trust Distribution Procedures (“TDP”) (v) Copy of Court Judgement (vi) Copy of Tolling Agreement (vii) 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.cpf-inc.com.  Upon receipt of the Electronic Filer Agreement, CPF will provide the law firm with one or more usernames 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 Fairbanks Trust?

A previously executed CPF e-File Agreement shall apply to the Fairbanks Trust.  

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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 Lung Cancer 2 (Disease level IV) 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 Lung Cancer 2 (Disease level IV), and Foreign Claims.  See Section 5.3 (a) of the TDP. Individual Review (‘IR”) is available for all disease categories except Asbestosis/Pleural Disease (Level 1) but must be selected for Lung Cancer 2 (Disease level IV), and Foreign Claims.  See Section 5.3 (b) of the TDP.

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Fairbanks Trust Processing Questions

Questions & Answers

Does Fairbanks 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 by removing the claim from deferral through the e-File system or 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 through the e-File system or upon written notice to the Trust.  See Section 6.3 of the TDP.

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Is there a formal exigent hardship program?

Yes.  

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 II) or an asbestos-related malignancy (Disease Levels III-VI), and the Asbestos Trust, in its sole discretion, determines that (i) the claimant needs financial assistance on an immediate basis based on the claimant’s expenses and all sources of available income, and (ii) there is a casual connection between the claimant’s dire financial condition and the claimant’s asbestos-related disease.  See Section 5.4(b) of the TDP.

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Does Fairbanks Trust allow second injury claims to be filed?

Yes.  Any claimant who receives a payment for a non-malignant asbestos-related disease (Disease Levels I-II) may file a personal injury claim for an asbestos-related malignancy (Disease levels III-VI) 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 such malignant asbestos-related disease shall be reduced by the amount paid for the non-malignant asbestos-related disease.  See Section 5.9 of the TDP.

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

Yes. If a claimant alleges an asbestos-related disease resulting solely from exposure to an occupationally exposed person, such as a family member, the claimant can elect Expedited or Individual review.  See Section 5.5 of the TDP.

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Fairbanks 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, 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) above.  Disease levels V (Lung Cancer 1), Level III (Other Cancer), Level II (Severe Asbestosis) and Level I (Asbestosis/Pleural Disease) require "Significant Occupational Exposure."  See Section 5.7(b)(2).

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What does "Credible Evidence of Exposure" mean?

Claimant must demonstrate meaningful and credible exposure to asbestos, asbestos-containing products or conduct for which the Asbestos Trust has legal responsibility (“Fairbanks Exposure”). 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, or a family member in the case of a deceased claimant, by invoices, employment, construction or similar records, or by other credible evidence.  See Section 5.7(b)(3) of the TDP.

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With regard to Product Identification, are there "presumptive" industries for the Fairbanks Trust?

No.

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Are there Qualifying Occupations for the Fairbanks Trust?

Yes. Because of the nature of the Debtor’s asbestos–containing products, the Asbestos Trust shall consider that there is a limited universe of occupations in which claimants are likely to have been directly exposed to asbestos, asbestos-products or conduct for which the Asbestos Trust has legal responsibility. Those occupations are laborer, steelworker, electrician, mechanic, insulator, millwright, pipefitter, steamfitter, plumber and welder. See Section 5.7(b)(3)(A) of the TDP.

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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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Do Fairbanks Trust claims ever get permanently disallowed or dismissed?

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 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 5.10 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 Fairbanks 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 5.10 of the TDP, at the election of the claimant, under the Alternative Dispute Resolution Procedures to be adopted by the Trust. Fairbanks 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 and Maximum Annual Payment) 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 e-File system. Law firms that are not registered users of the CPF’s e-File system and claimants not represented by counsel can submit responses via fax, e-mail or mail to the Trust care of the CPF.

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What are the criteria for each Disease Category?

See Section 5.7 of the Trust Distribution Procedures.

The medical and exposure criteria that a claim must meet to receive an offer for the Scheduled Value are as follows:

Level VI: Mesothelioma

  1. Diagnosis of mesothelioma; and
  2. Fairbanks Exposure as defined in Section 5.7(b)(3) of the TDP

Level V: Lung Cancer 1

  1. Diagnosis of a primary lung cancer plus evidence of an underlying Bilateral Asbestos-Related Nonmalignant Disease as defined in Footnote 5 of the TDP;
  2. Six months of Fairbanks Exposure;
  3. Significant Occupational Exposure as defined in Section 5.7(b)(2) of the TDP; and
  4. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer.

Level IV: Lung Cancer 2

  1. Diagnosis of a primary lung  cancer;
  2. Fairbanks Exposure; and
  3. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.

Lung Cancer 2 (Level IV) claims are those that do not meet the more stringent medical and/or exposure requirements of Lung Cancer 1 (Level V) claims. All claims in this Disease Level shall undergo IR. The estimated likely Average Value of the individual evaluation awards for this category of Fairbanks claims is $15,000, with such awards capped at $50,000 unless the claim qualifies for Extraordinary Claim treatment (as defined in Section 5.4(a) of the TDP).

Level III Other Cancer

  1. Diagnosis of a primary colorectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying Bilateral Asbestos-Related Nonmalignant Disease as defined in Footnote 5 of the TDP;
  2. Six months Fairbanks Exposure;
  3. Significant Occupational Exposure as defined in Section 5.7(b)(2) of the TDP; and
  4. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the other cancer.

Level II: Severe Asbestosis

  1. Either (a) diagnosis of asbestosis with an ILO of 2/1 or greater, or asbestosis determined by pathological evidence of asbestos, plus (x) TLC less than 65%, or (y) FVC less than 65% and FEV1/FVC ratio greater than 65%, (b) an “Asbestosis Death” as defined in the TDP Section 5.3(a)(3), or (c) asbestosis determined by pathological evidence of asbestos, plus (x) a qualified physician who prescribed oxygen and stated (y) the need for the oxygen is predominantly the asbestosis  and (z) the oxygen is needed to perform daily life activities
  2. Six months Fairbanks Exposure;
  3. Significant Occupational Exposure as defined in Section 5.7(b)(2) of the TDP; and
  4. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease in question.

Level I: Asbestosis/Pleural Disease

  1. Diagnosis of 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 Fairbanks Exposure;
  3. Significant Occupational Exposure as defined in Section 5.7(b)(2) of the TDP; and
  4. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease in question.

Medical Evidence Required to Establish an Asbestos-Related Disease: All diagnoses of a Disease Level shall be accompanied by either:

  1. A statement by the physician providing the diagnosis that at least ten years have elapsed between the date of first exposure to asbestos or asbestos-containing products and the diagnosis; or
  2. A history of the claimant’s exposure sufficient to establish a ten-year latency period.

For Disease Levels I-II Except for asbestos claims filed against Fairbanks or another defendant in the tort system prior to the Petition Date, all diagnoses of a non-malignant asbestos-related disease shall be based, in the case of a claimant who was living at the time the claim was filed, upon a physical examination of the claimant by the physician providing the diagnosis of the asbestos-related disease. All living claimants, must also provide:

  1. For Disease Levels I, evidence of Bilateral Asbestos-Related Nonmalignant Disease as defined in the TDP Footnote 5;
  2. For Disease Level II, an ILO reading of 2/1 or greater or pathological evidence of asbestosis and pulmonary function testing (unless the claimant is able to meet the requirements in (1)(c) of the Medical/Exposure Criteria for Severe Asbestosis in TDP Section 5.3(a)(3)).

In the case of a claimant who was deceased at the time the claim was filed, the diagnosis of a nonmalignant asbestos-related disease (Levels I-II) shall be based upon either:

  1. A physical examination of the claimant by the physician providing the diagnosis of the asbestos-related disease; or
  2. Pathological evidence of the asbestos-related disease; or
  3. For Disease Level I, evidence of Bilateral Asbestos-Related Nonmalignant Disease and for Disease Level II, either an ILO reading of 2/1 or greater or pathological evidence of asbestosis; or meet the criteria of an “Asbestosis  Death” as defined in the TDP;
  4. For Disease Levels II, pulmonary function testing is also required if the claimant does not meet the requirements for Severe Asbestosis or of an “Asbestosis  Death” as defined in the TDP.

For Disease Levels III-VI – All diagnoses of asbestos-related malignancy shall be based upon either (a) a physical examination of the claimant by the physician providing the diagnosis of the asbestos-related disease, (b) a diagnosis of such disease by a board-certified pathologist, or (c) a pathology report prepared at or on behalf of a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations.

For a detailed description of the medical evidence requirements by Disease Level see TDP Section 5.7 (a). You should review this section of the TDP before filing a claim.

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

No.

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Fairbanks Trust Offers and Releases Questions

Questions & Answers

What is required to issue a death and survivorship release?

The Fairbanks 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 located on the CPF website under the Fairbanks Trust.

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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 Fairbanks Trust settlement, a 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?

The Trust has not yet established a time deadline for a claimant to return a release.  The Trust may at a later date reconsider this position.

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Fairbanks Trust Statute of Limitations Questions

Questions & Answers

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

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

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