Evidence Required to Establish Exposure from WRG Asbestos Products
To meet the presumptive exposure requirements of an Expedited Review, the claimant must show by meaningful and credible evidence, for any or all disease levels, WRG 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.
WRG Company Exposure must include the following:
Claimant must demonstrate either:
(i) meaningful and credible exposure, which occurred prior to December 31, 1982, to (a) any products or materials containing asbestos that were manufactured, sold, supplied, produced, specified, selected, distributed or in any way marketed by Grace (or any past or present Grace Affiliate, or any of the predecessors of Grace or any of their past or present Affiliate, or any other Entity for whose products or operations Grace allegedly has liability or is otherwise liable) or (b) asbestos-containing winchite asbestos or asbestos-containing vermiculite mined, milled or processed by Grace (or any past or present Grace Affiliate, or any of the predecessors of Grace or any of their past or present Affiliates, or any other Entity for whose products or operations Grace allegedly has liability or is otherwise liable) or (ii) meaningful and credible exposure which occurred prior to the Effective Date to (a) asbestos, asbestos-containing winchite asbestos or unexpanded asbestos-containing vermiculite ore in Lincoln County, Montana or (b) asbestos, asbestos-containing winchite asbestos or asbestos-containing vermiculite ore from Lincoln County, Montana during transport or use prior to the completion of a finished product at an expansion plant.
- Meaningful and credible exposure evidence may be established by:
- An affidavit or sworn statement of the claimant, by an affidavit or sworn statement of a co-worker or the affidavit or sworn statement of a family member in the case of a deceased claimant (providing the PI Trust finds such evidence reasonably reliable), by invoices, employment, construction or similar records, or by other credible evidence.
Significant Occupational Exposure means employment for a cumulative period of at least five years with a minimum of two years prior to Decemeber 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).