Raytech Trust FAQs

Raytech Claim Filings Questions

Questions & Answers

How does a firm/claimant file a claim with Raytech Corporation Asbestos Personal Injury Trust?

Information about this process can be found under the Raytech Trust - Summary of 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 Raytech Trust. Further information about this process can be found under the Raytech Trust - Raytech 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 requirements 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 a claim form) (iii) medical records as requested in the claim filing instructions and/or (iv) Proof of Raytech Corporation Exposure as set out in the claim filing instructions.
 

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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?

Yes.

Exigent Health: A PI Trust Claim qualifies as an Exigent Health Claim if the claim meets the disease criteria set forth on Schedule A of the TDP for Malignant Mesothelioma or the claimant provides a declaration or affidavit made under penalty of perjury by a physician who has examined the claimant within one hundred twenty (120) days of the date of declaration or affidavit in which the physician states (i) that there is substantial medical doubt that the claimant will survive beyond six months from the date of the declaration or affidavit, and (ii) that the claimant's terminal condition is caused by a Category II-Lung Cancer, Category III–Other Cancer, or Category IV-Severely Disabling Asbestosis disease.

Extreme Hardship: A PI Trust Claim qualifies for payment as an Extreme Hardship Claim if the Trustees, at their sole discretion, determine (i) that the claimant needs financial assistance on an immediate basis based on the claimant's expenses and all sources of available income, and (ii) that there is a causal connection between the claimant's dire financial condition and the claimant's Category I, Category II, Category III or Category IV disease.

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What is an Extraordinary Claim?

In the extraordinary situation in which a claimant can satisfactorily demonstrate that their injury was at least 75% the result of exposure to an asbestos-containing product for which Raytech has legal responsibility, the claimant's PI Trust claim may be classified as an Extraordinary PI Trust claim. In processing such claims, the PI Trust may require the claimant to authorize release of information from other trusts or organizations established to satisfy personal injury claims based on exposure to asbestos-containing products (hereinafter "asbestos claims resolution organizations") regarding any claims filed by the claimant with such other trusts or organizations. A claimant who holds an Extraordinary PI Trust Claim may receive up to five times the liquidated value shown on Schedule B of the TDP for the relevant Asbestos-Related Disease Category multiplied by the applicable Pro rata Percentage.

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Does Raytech 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 with respect to the new cancer-related PI Trust Claim shall be reduced by any amount the claimant was paid in respect of the prior non-malignant claim.

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Will the suspension of Disease Categories 5 and 6 ever be lifted?

The Trust will be paying claims in disease Categories 1-4 and not accepting claims in Category 5 or Category 6 at this time. Holders of Category 5 or Category 6 will be entitled to submit their claims for payment to the PI Trust in accordance with the provisions of Section 5 of the TDP only if the Trustees determine, with the consent of the TAC and the Legal Representative, that the PI Trust has received sufficient additional assets to begin processing and paying the claims of Level Two claimholders.

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

Under Section 7.2(a) of the TDP only a non-occupationally exposed mesothelioma or lung cancer injury claimant may file a claim.

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What are the filing options?

The TDP provides for an "Expedited Review" claim process for all disease categories. Expedited Review provides for a scheduled value amount by disease category multiplied by the current payment percentage.

Scheduled Asbestos Personal Injury Claims Liquidated values for each category are available in the forms and letters, document labeled "Raytech Adjusted Liquidated Values."

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Can non-U.S. residents file claims with the Raytech Trust?

No. Section 2.3 of the Raytech Trust Agreement prohibits the filing and payment of claims submitted by any "individual who is not a resident of the United States at the time at which the individual submits a claim to the Trust or at the time at which the claim is paid."

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Raytech 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"?

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 (1) 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 (2) the claim's eligibility to be classified as (a) an Extraordinary PI Trust Claim as described in Section 5.3 of the TDP (b) an Exigent Health Claim as described in Section 5.4(a) of the TDP or (c) 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 disallowance?

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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Raytech Offers and Releases Questions

Questions & Answers

What is required to issue a death and survivorship release?

Regardless of state law, the Raytech 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 Raytech - 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 Raytech 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 November 29, 2011, a release must be returned within six 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 for an additional 6 months.

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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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What is Raytech Trust's payment percentage?

Effective November 29, 2011, the current payment percentage is 0.84%.  For claims with issued offers outstanding prior to November 29, 2011, the payment percentage of 2.0% will be honored.

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Raytech Bar Date Questions

Questions & Answers

What is the deadline for filing a Raytech Claim?

To be eligible for a place in the FIFO Processing Queue, a claim must comply with the following bar dates (the "Bar Dates"):

(i)   Any claim first diagnosed prior to October 1, 2006 must be filed with the Raytech Trust within one year of the initial claims filing date; and
(ii)  Any claim first diagnosed after October 1, 2006 must be filed with the Raytech Trust within one year of the initial claims filing date or three years from the date of diagnosis, whichever occurs later.

The Initial Claims Filing Date is January 15, 2010. If a claim is not filed with the Raytech Trust prior to the applicable Bar Date, the claimant may seek relief from the Bar Date upon a showing of good cause, which will be determined within the sole discretion of the Trustees. In addition, as to any claims that were time-barred as of the Petition Date, March 10, 1989, the Raytech Trust retains all rights and defenses based on state and federal statutes of limitations and repose.

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