Flintkote Medical Requirements and Evidence Required to Establish an Asbestos-Related Disease for Individual Review Claimants

Level I: Asbestosis/Pleural Disease

Medical Criteria

  1. Diagnosis of a bilateral 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 Flintkote exposure prior to December 31, 1982, and
  2. Five years cumulative occupational exposure to asbestos.

Level II: Asbestosis/Pleural Disease

Medical Criteria

  1. Diagnosis of a bilateral 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 Flintkote Exposure prior to December 31, 1982, and
  2. Significant Occupational Exposure4 to asbestos.

Level III: Severe Asbestosis

Medical Criteria

  1. Diagnosis of an 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:
    • A 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. 10 year latency.
  5. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease.

Exposure Criteria

  1. Six months of Flintkote Exposure prior to December 31, 1982, and
  2. Significant Occupational Exposure4 to asbestos.

Level IV: 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 of Flintkote Exposure prior to December 31, 1982, and
  2. Significant Occupational Exposure4 to asbestos.

Level V: Lung Cancer 2

Medical Criteria

  1. A diagnosis of a primary lung 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. A causal statement from a medical doctor linking the other cancer in question to asbestos exposure.
  3. 10 year latency.

Exposure Criteria

  1. Flintkote Exposure prior to December 31, 1982

*Lung Cancer 2 (Level V) claims are claims that do not meet the medical and/or exposure criteria of Lung Cancer 1 (Level VI). All claims with this disease level will be individually evaluated.

There is no distinction between non-smokers and smokers for either Lung Cancer 1 (level VI) or Lung Cancer 2 (level V). A claimant who meets the requirements of Lung Cancer 1, and is a non-smoker may wish to have his or her claim individually evaluated by the Trust.

Level VI: 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 of Flintkote Exposure prior to December 31, 1982, and
  2. Significant Occupational Exposure4 to asbestos.

Level VII: 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 JCAHO accredited hospital.
  2. 10 year latency

Exposure Criteria

  1. Flintkote Exposure as defined in Section 5.7(b)(3) of the TDP prior to December 31, 1982.

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 Flintkote 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).