Keene Trust - Frequently Asked Questions

Keene Claim Filings Questions

Questions & Answers

How does a firm/claimant file a claim with Keene Creditors Trust?

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

Note: It is possible that claim data previously submitted to the Eagle-Picher Industries Personal Injury Settlement Trust are available to help expedite the preparation and review of claims for the Keene Creditors Trust. Further information about this process can be found under the Keene Trust - Keene Expedited Claim Submission page available in the left navigation menu.

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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 (if personal representative is filing form), (iii) medical records as requested in the claim filing instructions, (iv) proof of Keene Corporation exposure as set out in the instructions, (v) copy of cover sheet of complaint and/or (vi) copy of W-2 and first page of IRS Form 1040 (if applicable).

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Does a law firm need to execute an e-File Agreement for each Trust affiliated with the CPF?

No. The CPF e-File Agreement applies to all Trusts affiliated with the CPF that have elected to institute the CPF e-File Agreement for their Trust's electronic filing option.  Note: At this time the UNR Trust has not elected an electronic option.

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Can a firm file both electronic and paper claims?

Yes.

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Is there a formal exigent health program?

There is no formal exigent health program. However, in cases of extreme hardship claimant may submit a written request for exigency status by submitting the written request to the Keene Trustees c/o the Claims Processing Facility, Inc.

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Does Keene Creditors 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.

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Will the suspension of Disease Categories 6 and 7 ever be lifted?

The Trust will be paying claims in Disease Categories 1-5 and not accepting claims in Category 6 or Category 7 at this time. Though the Trustees do not currently foresee events that would cause the Trust to pay these Disease Categories, if at some time in the future it is appropriate to pay claims in one or both of these disease categories, the statute of limitations for claims in these Disease Categories will be deemed tolled until such time as the Trust lifts the suspension.

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Can I file a claim for a non-occupationally exposed person (i.e. bystander exposure)?

Under Section 5.3(a) of the First Amended Claims Resolution and Trust Distribution Procedures, only a non-occupationally exposed mesothelioma injury claimant may file a claim for an injury resulting from exposure occurring through an occupationally exposed person.

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What are the filing options?

There is an Expedited Review and Individualized Review. However, the First Amended Claims Resolution and Trust Distribution Procedures provide for an Expedited Review claim process for all disease categories except Category 3 - Lung Cancer, Level I. Expedited Review provides for a scheduled value amount by disease category multiplied by the current payment percentage. Lung Cancer, Level I must select an Individualized Review claim process. These claims are claims that do not meet the minimal medical and/or exposure requirement of Lung Cancer, Level II claims. All claims in this Disease Category will be individually evaluated. Claimants having their claim reviewed under Expedited Review only need to complete parts 1 - 7 and 11 of the claim form. Those claimants who are required to file under Individualized Review must also complete parts 8, 9, and 10.

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

All disease categories, except Category 3 - Lung Cancer, Level 1, receive the Expedited Review process. Category 3 - Lung Cancer, Level 1 is reviewed under the Individual Review process.

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Why is Individualized Review restricted to Category 3 Lung Cancer Level 1?

Due to the limited assets and resources of the Trust, it is essential that the Trust's administrative and claims processing costs are kept to a minimum. The Trust's Expedited Review process is designed to provide expeditious, efficient and fair methods for the liquidation of claims. However, the Category 3 - Lung Cancer, Level I claims do not meet the minimal medical and exposure requirement of Category 2 - Lung Cancer, Level II claims and, therefore, require a more individualized review. Particularly, these claims do not require a diagnosis of an asbestos-related underlying lung disease or Significant Occupational Exposure. Without evidence or markers of asbestos exposure noted by an underlying disease, the causal connection between lung cancers and asbestos is much more tenuous and requires a more in-depth review and analysis.

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Keene 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). 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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Keene Offers and Releases Questions

Questions & Answers

What is required to issue a death and survivorship release?

Regardless of state law, the Keene Trust requires a death certificate and the name of a personal representative for the estate. If no estate was probated, please use the appropriate certification and warranty form located on the Keene - 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 Keene 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?

Effective December 9, 2015, a release must be returned within three months of the date of the offer or the claim will be deemed to have been withdrawn.  Upon written request and a showing of good cause, the PI Trust may extend this period.

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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?

If the claimant disagrees with the Scheduled Disease determination made by the Trust, the claimant may dispute such determination and ask the Trust to reconsider its 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 is Keene Creditors Trust payment percentage?

The current payment percentage is 0.8%. Since this is based on a forecast of Keene's total liability to present and future Keene 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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Keene Statute of Limitations Questions

Questions & Answers

What are the statute of limitations on filing a Keene Creditors Trust claim?

Please see section 5.1(e) - Statute of Limitations found in the First Amended Claims Resolution and Trust Distribution Procedures.

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