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 does "Credible Evidence of Exposure" mean?
Claimant must demonstrate meaningful and credible exposure, which occurred prior to December 31, 1982, (a) to an asbestos‐containing product sold, distributed, marketed, handled, processed, or manufactured by NMBFiL or for which NMBFiL otherwise had legal responsibility or (b) to conduct for which NMBFiL has 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 family member (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. The specific exposure information required by the Trust to process a claim shall be set forth on the proof‐of‐claim form to be used by the Trust. The Trust can also require submission of other or additional evidence of exposure when it deems such to be necessary, including without limitation product testing or other similar indicia to demonstrate that the asbestos containing product to which the claimant was exposed was contaminated with asbestos. The Trust shall seek to refrain from applying new or modified exposure criteria to claimants who die (or who have submitted an affidavit of exposure by an affiant who dies) during the pendency of such claimant’s claim review. See Section 5.5(b)(1)(B)
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With regard to Product Identification, are there "presumptive" industries for the NMBFiL Trust?
There is no presumption of product at a site. Because of the nature of the Bondo product, each individual claim must provide independent product identification. The product identification can be made through sales invoices, inventory records, deposition testimony, interrogatories or affidavit testimony. If the identification is through interrogatories or testimony, the identification cannot be hearsay and must provide a foundation of personal knowledge that establishes how the identification was made and how, in fact the identifier knew the product was a Bondo product.
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Do NMBFiL Trust claims ever get permanently disallowed or dismissed?
Yes, however, the Trust has not yet established a 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 5.8 of the First Amended Claims Resolution and 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 NMBFiL 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 5.8 of the TDP, at the election of the claimant, under the Alternative Dispute Resolution Procedures to be adopted by the Trust. NMBFiL 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 5.9 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 Available Payment provisions) as provided in Section 7.7 of the TDP.
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How do I respond to a claim deficiency?
Responses to intake and review deficiencies can be submitted via fax, email or mail to the Trust, care of 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 5.5(a) and 5.5(b) of the First Amended Claims Resolution and Trust Distribution Procedures.
Mesothelioma:
(1) All diagnoses of Mesothelioma shall be based upon either (i) a physical examination of the claimant by the physician providing the diagnosis of the asbestos‐related disease, or (ii) a diagnosis by a board‐certified pathologist or by a pathology report prepared at or on behalf of a hospital accredited by the Joint Commission (formerly known as the Joint Commission on Accreditation of Healthcare Organizations); and
(2) “Debtor Exposure” means the claimant must demonstrate meaningful and credible exposure, which occurred prior to December 31, 1982, (a) to an asbestos‐containing product sold, distributed, marketed, handled, processed, or manufactured by NMBFiL or for which NMBFiL otherwise had legal responsibility or (b) to conduct for which NMBFiL has 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 family member (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. The specific exposure information required by the Trust to process a claim shall be set forth on the proof‐of‐claim form to be used by the Trust. The Trust can also require submission of other or additional evidence of exposure when it deems such to be necessary, including without limitation product testing or other similar indicia to demonstrate that the asbestos containing product to which the claimant was exposed was contaminated with asbestos. The Trust shall seek to refrain from applying new or modified exposure criteria to claimants who die (or who have submitted an affidavit of exposure by an affiant who dies) during the pendency of such claimant’s claim review.
Currently, the Trust is only processing Mesothelioma injury claims. For explanation, see Section 1.1 of the NMBFiL 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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Does the NMBFiL Trust cap the percentage of attorney fees payable in connection with the filing and settlement of NMBFiL claims?
No.
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