T&N Subfund Medical Requirements and Evidence Required to Establish an Asbestos-Related Disease for Expedited Review Claimants

Level I: Other Asbestos Disease

Medical Criteria

  1. Diagnosis of a bilateral asbestos-related non-malignant disease or an asbestos-related malignancy other than mesothelioma based upon either:
    • A physical exam of the claimant by the physician providing the diagnosis, or
    • If the claimant is deceased at the time the claim was filed, pathological evidence of the non-malignant asbestos-related disease.
  2. Evidence of a bilateral asbestos-related non-malignant disease based upon:
    • A chest x-ray read by a certified B-reader of 1/0 or higher1; or
    • A chest x-ray read by a certified B-reader or read by a qualified physician2, or
    • A CAT scan read by a qualified physician2, or
    • A pathology report, in each case, showing bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.
  3. 10 year latency.

Exposure Criteria

  1. Relevant T&N Entity exposure prior to December 31, 1982.

Level II: Asbestosis/Pleural Disease

Medical Criteria

  1. Diagnosis of an asbestos-related non-malignant disease based upon either:
    • A physical exam of the claimant by the physician providing the diagnosis, or
    • If the claimant is deceased at the time the claim was filed, pathological evidence of the non-malignant asbestos-related disease.
  2. Evidence of a bilateral asbestos-related non-malignant disease based upon:
    • A chest x-ray read by a certified B-reader of 1/0 or higher1; or
    • A chest x-ray read by a certified B-reader or read by a qualified physician2, or
    • A CAT scan read by a qualified physician2, or
    • A pathology report, in each case, showing bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.
  3. 10 year latency.

Exposure Criteria

  1. Six months relevant T&N Entity exposure prior to December 31, 1982, and
  2. Five years cumulative occupational exposure to asbestos.

Level III: Asbestosis/Pleural Disease

Medical Criteria

  1. Diagnosis of an asbestos-related non-malignant disease based upon either:
    • A physical exam of the claimant by the physician providing the diagnosis, or
    • If the claimant is deceased at the time the claim was filed, pathological evidence of the non-malignant asbestos-related disease.
  2. Evidence of a bilateral asbestos-related non-malignant disease based upon:
    • A chest x-ray read by a certified B-reader of 1/0 or higher1; or
    • A chest x-ray read by a certified B-reader or read by a qualified physician2, or
    • A CAT scan read by a qualified physician2, or
    • A pathology report, in each case, showing bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.
  3. Pulmonary Function Testing with either:
    • A TLC less than 80%, or
    • FVC less than 80% and FEV1/FVC ratio greater than or equal to 65%, or
    • Pulmonary Function Test must be in compliance with the quality criteria established by the ATS3.
  4. 10 year latency.
  5. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease.

Exposure Criteria

  1. Six months relevant T&N Entity exposure prior to December 31, 1982, plus
  2. Significant Occupational Exposure4 to asbestos.

Level IV: Severe Asbestosis

Medical Criteria

  1. Diagnosis of asbestosis based upon either:
    • A physical exam of the claimant by the physician providing the diagnosis, or
    • If the claimant is deceased at the time the claim was filed, pathological evidence of the non-malignant asbestos-related disease.
  2. An ILO of 2/1 or greater, or
    • Pathological evidence of asbestosis.
  3. Pulmonary Function Testing with either
    • TLC less than 65%, or
    • FVC less than 65% and FEV1/FVC ratio greater than 65%, or
    • Pulmonary Function Test must be in compliance with the quality criteria established by the ATS3.
  4. Medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease in question.

Exposure Criteria

  1. Six months relevant T&N Entity exposure prior to December 31, 1982, plus
  2. Significant Occupational Exposure4 to asbestos.

Level V: Other Cancer

Medical Criteria

  1. A diagnosis of a primary colo-rectal, laryngeal, esophageal, pharyngeal, or stomach cancer based upon either:
    • 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 by a board-certified pathologist or by a pathology report prepared at or on behalf of a JCAHO accredited hospital.
  2. Evidence of an underlying bilateral asbestos-related non-malignant disease based upon:
    • A chest x-ray read by a certified B-reader of 1/0 or higher1, or
    • A chest x-ray read by a certified B-reader or read by a qualified physician2, or
    • A CAT scan read by a qualified physician2, or
    • A pathology report, in each case, showing bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.
  3. A causal statement from a medical doctor linking the other cancer in question to asbestos exposure.
  4. 10 year latency.

Exposure Criteria

  1. Six months relevant T&N Entity exposure prior to December 31, 1982, plus
  2. Significant Occupational Exposure4 to asbestos.

Level VII: Lung Cancer 1

Medical Criteria

  1. A diagnosis of a primary lung cancer based upon either:
    • 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 by a board-certified pathologist, or by a pathology report prepared at or on behalf of a JCAHO accredited hospital.
  2. Evidence of an underlying bilateral asbestos-related non-malignant disease based upon:
    • A chest x-ray read by a certified B-reader of 1/0 or higher1, or
    • A chest x-ray read by a certified B-reader or other qualified physician2, or
    • A CAT scan read by a qualified physician2, or
    • A pathology report, in each case showing bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification.
  3. A causal statement from a medical doctor linking the lung cancer to asbestos exposure.
  4. 10 year latency.

Exposure Criteria

  1. Six months relevant T&N Entity exposure prior to December 31, 1982, plus
  2. Significant Occupational Exposure4 to asbestos.

Level VIII:Mesothelioma

Medical Criteria

  1. A diagnosis of a mesothelioma based upon either:
    • 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 by a board-certified pathologist or by a pathology report prepared at or on behalf of a JCAHO accredited hospital.
  2. 10 year latency.

Exposure Criteria

  1. Credible evidence of relevant T&N Entity exposure.

NoteA 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.

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

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

3ATS – American Thoracic Society.

4Significant Occupational Exposure – Employment for a cumulative period of at least five years with a minimum of two years prior to December 31, 1982 in an industry and an occupation in which the claimant:

A.    handled raw asbestos fibers on a regular basis;

B.   fabricated asbestos-containing products so that the claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers;

C.   altered, repaired or otherwise worked with asbestos-containing products such that the claimant was exposed on a regular basis to asbestos fibers;

D.   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).