Medical Requirements

RA Medical Requirements and Evidence Required to Establish an Asbestos- Related Disease for Claimants

Level I: Other Asbestos Disease

Medical Criteria

1. Asbestos Disease (Disease Level I) shall be based in the case of a Claimant who was living at the time the Trust Claim was filed:

• A physical examination of the Claimant by the physician providing the diagnosis of asbestos-related disease and
• Evidence of Bilateral Asbestos-Related Nonmalignant Disease based upon
  • A chest X-ray read by a certified B-Reader of 1/0 or higher on the International Labour Office (“ILO”) scale, ¹ or
  • A chest X-ray read by a certified B-reader or other Qualified Physician, ² or
  • A CT scan read by a Qualified Physician, ² or
  • Pathology, in each case showing either bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.

2. In the case of a Claimant who was deceased at the time the Trust Claim was filed, all diagnoses of Other Asbestos Disease (Disease Level I) shall be based upon either

• A physical examination of the Claimant by the physician providing the diagnosis of the asbestos-related disease or
• Pathological evidence of the non-malignant asbestos-related disease, or
• Evidence of Bilateral Asbestos-Related Nonmalignant Disease based upon
  • A chest X-ray read by a certified B-Reader of 1/0 or higher on the International Labour Office (“ILO”) scale, ¹ or
  • A chest X-ray read by a certified B-reader or other Qualified Physician, ² or
  • A CT scan read by a Qualified Physician, ² or
  • Pathology, in each case showing either bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.

3. 10 year latency.

Exposure Criteria

1. Six (6) months prior to June 1, 1967 Exposure to a Philip Carey product, plus

2. Five (5) years cumulative occupational asbestos exposure.

Level II: Other Cancers

Medical Criteria

1. A diagnosis of primary colo-rectal, laryngeal, esophageal, pharyngeal, or stomach cancer based upon

• A physical exam of the Claimant by the physician providing the diagnosis of the asbestos related disease, or
• A diagnosis of such a malignant disease level by a board-certified pathologist or by a pathology report prepared at or on behalf of a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations “JCAHO”.

2. Evidence of an underlying bilateral asbestos-related non-malignant disease based upon either

• A chest X-ray read by a certified B-reader of 1/0 or higher on the International Labour Office (“ILO”) scale, ¹  or
• A chest X-ray read by a certified B-Reader or Qualified Physician, ² or
• A CT scan read by a Qualified Physician, ² or
• Pathology, in each case showing either bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.

3. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the other cancer in question.

4. 10 year latency

Exposure Criteria

1. Six (6) months prior to June 1, 1967 Exposure to a Philip Carey product, plus

2. Five (5) years Significant Occupational Exposure (“SOE”) ³ to asbestos.

Level III: Lung Cancer

Medical Criteria

1. Diagnosis of a primary lung cancer based upon

• A physical exam of the Claimant by the physician providing the diagnosis of the asbestos related disease, or
• A diagnosis of such a malignant Disease Level by a board-certified pathologist or by a pathology report prepared at or on behalf of a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations “JCAHO”.

2. Evidence of an underlying Bilateral Asbestos-Related Nonmalignant Disease based upon

• A chest X-ray read by a certified B-Reader of 1/0 or higher on the International Labour Office (“ILO”) scale, ¹ or
• A chest X-ray read by a certified B-Reader or other Qualified Physician, ² or
• A CT scan read by a Qualified Physician, ² or
• Pathology, in each case showing either bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.

3. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.

4. 10 year latency.

Exposure Criteria

1. Six (6) months prior to June 1, 1967 Exposure to a Philip Carey product, plus

2. Five (5) years Significant Occupational Exposure (“SOE”) ³ to asbestos.

Level IV: Mesothelioma

Medical Criteria

1. A diagnosis of mesothelioma based upon either:

• A physical exam of the Claimant by a physician providing the diagnosis of the asbestos related disease , or
• A diagnosis of such a malignant Disease Level by a board-certified pathologist or by a pathology report prepared at or on behalf of a hospital accredited by the Joint Commission on Accreditation of Healthcare Organizations “JCAHO”.

2. 10 year latency.

Exposure Criteria

1. Meaningful and credible Rapid-American/Philip Carey Manufacturing Exposure prior to June 1, 1967 as defined.

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Note: A finding by a physician after the Effective Date that a Claimant’s disease is “consistent with” or “compatible with” asbestosis will not alone be treated by the Trust as a diagnosis.

¹ For claims filed before the petition date, if an ILO reading is not available, then Rapid-American will accept a chest x-ray (report read by a Qualified) regardless whether it was read by a qualified B-Reader.

² Qualified Physician – Physician board-certified in a specialized field of medicine, such as pulmonology, radiology, internal medicine, or occupational medicine.

³ Significant Occupational Exposure – Employment for a cumulative period for at least five (5) years industries and occupations in which the Claimant:

1. handled raw asbestos fibers on a regular basis; or
2. fabricated asbestos-containing products so that the Claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers; or
3. altered, repaired or otherwise worked with an asbestos-containing product such that the Claimant was exposed on a regular basis to asbestos fibers; or
4. was employed in industries and occupations such that the Claimant worked on a regular basis in close proximity to workers engaged in the activities described in (a) (b) and/or (c).