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B&W 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.  B&W 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 B&W 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 B&W 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 that 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.  Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease.

Exposure Criteria

1.  Six months B&W 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 B&W 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.

4.  10 year latency.

Exposure Criteria

1.  Six months B&W exposure prior to December 31, 1982, plus

2.  Significant Occupational Exposure4 to asbestos.

Level VIII: 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 by a board-certified pathologist t, 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 B&W exposure.

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.

1For claims filed before the petition date, if an ILO reading is not available, then B&W will accept a chest x-ray report 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; or
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).