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"?
A 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 3 and 4 require "Significant Occupational Exposure."
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What does "Credible Evidence of Exposure" mean?
A Claimant must demonstrate meaningful and credible evidence of exposure to asbestos or asbestos-containing products manufactured, produced, distributed, sold, fabricated, installed, released, maintained, repaired, replaced, removed or handled by Raytech and/or any entity for which Raytech is responsible. This may be established by invoices, construction or similar records, or by an affidavit of the claimant or affidavit of co-worker or, in case of a deceased claimant, an affidavit of a family member.
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With regard to Product Identification, are there "presumptive" industries for Raytech Corporation Asbestos Personal Injury Trust?
The presumed industries for Raytech claim filings are automotive/mechanical friction and shipyard, ship construction and ship repair.
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Do Raytech Trust claims ever get permanently disallowed or dismissed?
Effective November 29, 2011, the Trust amended Section 6.3 of the TDP to provide that “a claim will be deemed to have been withdrawn if the claimant neither accepts nor rejects, nor initiates a Trustee Conference or ADR, within six months of PI Trust’s offer of payment or rejection of claim. Upon written request and showing of good cause, the PI Trust may extend this period for an additional six months. If a claimant fails to submit sufficient evidence in support of his or her claim at the time of filing with the PI Trust and notice of intake deficiency is issued and if evidence sufficient to cure the intake deficiency is not submitted within 90 days of the date of the deficiency notice, the claim will be deemed rejected with prejudice to re-filing. If a claim is review deficient and a review deficiency notice is issued, and if evidence sufficient to cure the review deficiency is not submitted within 180 days of the date of review deficiency notice then the claim will be deemed rejected with prejudice to re-filing.”
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How does a firm/claimant dispute a denied claim or offer? Is there an ADR program?
A holder of a PI Trust Claim may dispute only:
- The classification of the claim, or the refusal to classify a claim, in one of the Asbestos-Related Disease Categories described on Schedule A, and/or
- The claim's eligibility to be classified as :
- an Extraordinary PI Trust Claim as described in Section 5.3 of the TDP,
- an Exigent Health Claim as described in Section 5.4(a) of the TDP, or
- an Extreme Hardship Claim as described in Section 5.4(b) of the TDP.
No other issues, particularly including the Pro rata Percentage, the liquidated values as set forth on Schedule B, or the resulting distribution amounts offered for each category, shall be subject to dispute.
A claimant who disputes the PI Trust's classification of the claim as described above has two mutually exclusive options. The claimant may: (i) request binding arbitration pursuant to alternative dispute resolution procedures to be adopted by the PI Trust with the consent of the TAC and the Legal Representative, or (ii) request a Trustee Conference as described in Section 7.7 of the TDP. If the claimant wishes to request either binding arbitration or a Trustee Conference, that request must be made within six months of the Trustees' offer in accordance with Section 6.3.
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What are the criteria for each Disease Category?
See Section 7 and Schedule A of the TDP.
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How long does a firm/claimant have to respond to a deficiency?
Effective November 29, 2011, under Section 6.3 of the TDP, an intake deficiency response must be responded to within 90 days of the date of the notice. For a review deficiency, evidence sufficient to cure the deficiency must be submitted within 180 days of the notice. If no response sufficient to cure the intake or review deficiency is received within the aforementioned time periods, the claim will be deemed rejected with prejudice to re-filing.
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Does the Raytech Trust cap the percentage of attorney fees payable in connection with the filing and settlement of Raytech claims?
No.
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