Evidence Required to Establish Exposure from B&W Asbestos Products
To meet the presumptive exposure requirements of an Expedited Review, the claimant must show by credible evidence, for any or all disease levels, B&W Company Exposure and Significant Occupational Exposure as defined in section 5.7(b) of the TDP. If a claimant cannot meet the presumptive exposure criteria, the claimant may seek Individual Review.
B&W Company Exposure must include the following:
- Claimant must demonstrate credible exposure, which occurred prior to December 31, 1982, to asbestos or asbestos containing products (including boilers) supplied, manufactured, installed, maintained, or repaired by B&W and/or any entity, including a B&W contracting unit, for which B&W has legal responsibility.
- Worked at an approved B&W site prior to December 31, 1982, in proximity of a B&W boiler, or in the proximity of the performance of services by a B&W entity, including a B&W contracting unit.
- For sites that are not on the B&W job site list, the Trust will consider the following:
- An affidavit, sales, construction, employment, or other similar records that establishes that their product was present at the time of the alleged exposure
Significant Occupational Exposure means 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:
- 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 a 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 (1), (2) and/or (3).