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). Disease categories 2, 4, and 5 require "Significant Occupational Exposure."
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What does "Credible Evidence of Exposure" mean?
Claimant must demonstrate meaningful and credible evidence of exposure to an asbestos-containing product manufactured and/or sold by Keene. This evidence may be established by an affidavit of a co-worker or the affidavit of a family member in the case of a deceased claimant, by invoices, construction or similar records or other credible evidence. The evidence will also be presumed to be established if a claimant, living at the time the claim is filed personally swears, under penalty of perjury, to the exposure information provided in Part 3 of the Claim Form. The injured party can do this by personally signing Part 9, page 11 of the Claim Form.
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With regard to Product Identification, are there "presumptive" industries for Keene Creditors Trust?
There are no presumed industries for Keene claim filings. A sworn signature on Part 9 of the claim form by the injured party will constitute evidence of company exposure. A claim filed on behalf of a deceased person must provide an affidavit of a co-worker or a family member of the injured party establishing the presence of Keene asbestos products at the site of alleged exposure. This evidence may also be provided through invoices, construction or similar records or other credible evidence establishing the presenceof the Keene asbestos products at the site of alleged exposure. The Trust will maintain a site list compiled through claim filings and once an exposure site is sufficiently established as including the presence of Keene asbestos-containing products, the site need not be independently established again.
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Do Keene Creditors 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 5.5(h) 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?
No. Under Section 5.7(b) of the First Amended Claims Resolution and Trust Distribution Procedures, only claimants who reject the Trust's reevaluation of the claim must proceed to the tort system.
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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 First Amended Claims Resolution and Trust Distribution Procedures.
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What are the criteria for each Disease Category?
See Section 5.2 and 5.3 of the First Amended Claims Resolution and Trust Distribution Procedures.
Category 1- Mesothelioma: a) Diagnosis of mesothelioma; and b) Credible evidence of exposure to asbestos products manufactured and/or sold by Keene.
Category 2- Lung Cancer, Level II: a) Diagnosis of a primary lung cancer plus evidence of an underlying bilateral asbestos-related non-malignant disease; b) Six (6) months occupational exposure to Keene asbestos products plus Significant Occupational Exposure to asbestos; and c) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.
Category 3- Lung Cancer, Level I: a) Diagnosis of a primary lung cancer; b) Occupational exposure to Keene asbestos products; and c) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.
Category 4- Other Cancer: a) Diagnosis of a primary colorectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying bilateral Asbestos-Related non-malignant disease; b) Six (6) months occupational exposure to Keene asbestos products plus Significant Occupational Exposure; and c) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the other cancer in question.
Category 5- Severe Asbestosis Disease: a) Diagnosis of asbestosis with ILO of 2/1 or greater, or asbestosis determined by pathology, plus (a) TLC less than 65% or (b) FVC less than 65% plus FEV1/FVC ratio greater than 65%; b) Six (6) months occupational exposure to Keene asbestos products plus Significant Occupational Exposure; and c) Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary condition in question.
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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 Keene Trust cap the percentage of attorney fees payable in connection with the filing and settlement of Keene claims?
Yes. Section 9.6 of the First Amended Claims Resolution and Trust Distribution Procedures restricts the recovery of attorney fees provided in the contract between claimant and counsel to be the lower of the fee provided in the contract between claimant and counsel or 25%, exclusive of costs chargeable to the claimant. The recovery shall be measured by the actual payments from the Trust to the claimant, not the Scheduled Value of the Claim.
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