Evidence Required to Establish Exposure from RA Asbestos Products
To meet the exposure requirements, the Claimant must show by credible evidence, for any or all disease levels, Rapid-American Company Exposure and Significant Occupational Exposure as defined in section 4.4(b) of the TDP.
RA Company Exposure must include the following:
- Claimant must demonstrate meaningful and credible exposure prior to June 1, 1967.
- to an asbestos containing product manufactured, sold, supplied, produced, distributed, released, advertised or marketed by Rapid-American or for which Rapid-American has legal responsibility, or
- to conduct for which Rapid-American has legal responsibility that exposed the Claimant to an asbestos-containing product.
- That meaningful and credible exposure evidence may be established by the following:
- An affidavit or sworn statement of the Claimant, by an affidavit or sworn statement of a co-worker, or
- By invoices, employment, construction or other similar records, or by other credible evidence.
Significant Occupational Exposure means employment for a cumulative period of at least five (5) years in industries and occupations in which the Claimant:
- handled raw asbestos fibers on a regular basis;
- fabricated asbestos-containing products so that the Claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers;
- altered, repaired or otherwise worked with an asbestos-containing product such that the Claimant was exposed on regular basis to asbestos fibers; or
- 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 (a), (b) and/or (c).