ER Medical Requirements

USG 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.  USG/A.P. Green exposure⁴ prior to December 31, 1982 (in the case of USG) and January 2, 1968 (in the case of A.P. Green)

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 USG/A.P. Green exposure⁴ prior to December 31, 1982 (in the case of USG) and January 2, 1968 (in the case of A.P. Green), plus

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 USG/A.P. Green exposure⁴ prior to December 31, 1982 (in the case of USG) and January 2, 1968 (in the case of A.P. Green), plus

2.  Significant Occupational Exposure⁵ 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.  Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the pulmonary disease.

Exposure Criteria

1.  Six months USG/A.P. Green exposure⁴ prior to December 31, 1982 (in the case of USG) and January 2, 1968 (in the case of A.P. Green), plus

2.  Significant Occupational Exposure⁵ 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 to asbestos exposure.

4.  10 year latency.

Exposure Criteria

1.  Six months USG/A.P. Green exposure⁴ prior to December 31, 1982 (in the case of USG) and January 2, 1968 (in the case of A.P. Green), plus

2.  Significant Occupational Exposure⁵ 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 USG/A.P. Green exposure⁴ prior to December 31, 1982 (in the case of USG) and January 2, 1968 (in the case of A.P. Green), plus

2.  Significant Occupational Exposure⁵ 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 or by a pathology report prepared at or on behalf of a JCAHO accredited hospital..

2.  10 year latency.

Exposure Criteria

1.  USG/A.P. Green exposure⁴

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.  However, if a claim was filed before the petition date, then a diagnosis of “consistent with” or “compatible with” asbestosis will be accepted by the Trust.

¹For claims filed before the petition date, if an ILO reading is not available, then the Trust 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.

⁴USG/A.P. Green Exposure – Claimant must demonstrate (i) meaningful and credible exposure, which occured prior to December 31, 1982, to asbestos or asbestos-containing products supplied, manufactured, installed, maintained, or repaird by USG and/or any entity, including a USG contracting unit, for which USG has legal responsibility, or (ii) meaningful and credible exposure,which occured prior to January 2, 1968, to asbestos-containing products supplied, specified, manufactured, installed, maintained, or repaired by A.P. Green and/or any entity, including an A.P. Green contracting unit, for which A.P. Green has legal responsiblity. Meaningful and credible exposure evidence may be established by the following means:

• Affidavit, sales invoices, employment or construction records, or other similar records that establish that USG’s product was present at the time of the alleged exposure.

Note: If a claimant’s alleged exposure to A.P. Green asbestos or asbestos-containing products occured only on or after January 2, 1968, but the claimant believes the claim qualifies as a PI Trust Claim because legal responsibility for the exposure arose prior to that date, the claimant must submit his or her PI Trust Claim for Individual Review on this issue pursuant to Section 5.3 (b).

⁵Significant 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; or

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

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).