Evidence Required to Establish Exposure from B&W Asbestos Products
To meet the exposure requirements, the claimant must show meaningful and 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. In the case of Disease Levels IV, V, VII or VIII, payments may be either greater or less than the Scheduled Value payment that a claimant might have received.
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).