Types of Asbestos Trusts, Asbestos Diseases

what is the burden of proof we need?

more likely than not

site-match claims

places with known asbestos products

site match claims are ________ claims

automatic

what does it mean if a trust is site-match only?

they will only pay unless you prove you were at that site, the only proof required is that the person worked at a site that was known to have asbestos products

AOE

affidavit of exposure

presumptive trust

a trust that compensates claimants who had a occupation and industry pairing with presumed exposure 

SOE

significant occupational exposure 

what are the four presumptive trusts?

CEL, HKP, JM, Raytech

what proof is needed for presumptive trusts?

occupational and industry pairing

why were the administrative trusts set up?

companies were hounded with litigation in the early 80s and 90s

what did the government have the companies that were hounded with litigation do?

file for chapter 11 bankruptcy and set up an administrative trust fund

what does the administrative trust do?

pays claims for claimant liabilities

who controls the administrative trusts?

the companies themselves

when creating the administrative trusts the companies created

reorganization plans

what is the TDP required for mesothelioma?

just an instance of exposure

SOE

significant occupational exposure

if a guy worked as a welder for a month and worked 20 years in drywall which side of the exposure would generate the most money for them?

working in drywall because it is a SOE, and he used joint compound 

joint compound

a powder, often containing asbestos, combined with water to make a plaster used between frames of walls

walls were sanded down and then recovered with joint compound

what is the product that contains asbestos that is used in drywall?

joint compound

cancer requires

pathology

POE

proof of exposure

lung cancer without 6 months of cumulative work is classified as

lower level lung cancer; receives between 0 and half of high level lung cancer 

how is asbestos exposure physically shown?

X-rays and other scans show the fibrous scar tissue and calcification in the lungs and pleural lining 

since lung cancer has various causes, what is required for the trusts to prove exposure?

need to physically show asbestos exposure 

why does asbestos exposure show itself physically?

asbestos fibers in the lungs are irritating and settle at the bottom of the lungs, the tissue gets irritated and scar tissue and/or calcification forms

ILT

interstitial lung disease

interstitial

tissue space between cells

ARPD

asbestos related pleural disease

interstitial lung disease

inflammation and scarring of the interstitial lung tissue

what are the physical manifestations of asbestos?

ILD and ARPD

asbestosis

interstitial lung disease, scaring of lung tissue  

asbestosis is a type of ___

ILD

asbestos related pleural disease

pleural plaque hardening due to asbestos exposure

what are the levels of asbestosis

severe, mild, lower, other

ILD can have classifications of 

severe, mild, lower, other

ARPD can have classifications of 

mild, lower, other 

what is a common way for clients to pass away?

heart attacks due to constricted breathing

asbestosis is non

malignant

non-malignant

not cancerous

the classification of “other” entails

no breathing test but something shows on the lungs

the classifcation of “severe” entails

person needs to be on oxygen 24/7, lung tissue is so still from fibrosis

TLC

total lung capacity

PFT

pulmonary function test

even if there is no biopsy to test for cancer, how can cancer be determined?

scans used to determine if there is hypermetabolic activity 

how is cancer formed?

DNA of cell is damaged due to irritant, leads to genetic mutation (usually in cells that regulate growth), multiple mutations accumulate in a cell, mutated cells replicate and form a mass of cells (tumor)

an uptake in metabolic activity is likely

cancer

how is cancer treated?

immunotherapy, radiation (SBRT)

what is the problem with radiation treatment when trying to prove exposure to asbestos?

in the lungs radiation can cause scar tissue and thus is becomes difficult to determine the origin of scar tissue so ILD or ARPD needs to be shown before the treatment of lung cancer

true or false: for all other cancers aside from lung cancer it doesn’t matter when the scan was taken in relation to radiation treatment

true