Celotex Medical Requirements and Evidence Required to Establish an Asbestos Related Disease for Individual Review Claimants
For Non-Malignancy Claims – A medical report documenting the diagnosis of the claimed disease by an internal medicine or pulmonary medicine specialist or other appropriate specialist based on either a physical examination of the claimant by that doctor, a physical examination by another doctor whose physical examination and findings are reliable or a pathologist’s examination for a deceased claimant; and chest x-ray evidence of asbestos-related disease.
For Malignancy Claims – A medical report documenting the diagnosis of the claimed disease by an internal medicine or pulmonary medicine specialist or other appropriate specialist based on either a physical examination of the claimant by that doctor, a physical examination by another doctor whose physical examination and findings are reliable or a pathologist’s examination for a deceased claimant, and
For Other Cancer claims, evidence that the claimant also had a non-malignant disease that qualifies under categories I, II or III below and a medical report that states exposure to asbestos was a substantial cause of the cancer.
For Lung Cancer 2 claims, be a non-smoker for 15 years prior to diagnosis or evidence that the claimant also had a non-malignant disease that qualifies under categories I, II or III below and a medical report that states exposure to asbestos was a substantial cause of the cancer.
For Lung Cancer 1 claims, a medical report that states exposure to asbestos was a substantial cause of the cancer.
The evidence required for each alleged disease category is as follows:
Category I: Bilateral Pleural Disease
- The claimant must document bilateral pleural disease (plaques or thickening) diagnosed on the basis of x-ray, CT scan, HRCT scan or pathological, evidence; and
- The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of bilateral pleural disease.
Category II: Non-disabling Bilateral Interstitial
- The claimant must document bilateral interstitial lung disease diagnosed on the basis of x-ray, CT scan, HRCT scan or pathological evidence, and submit either:
- A medical report stating that a causal relationship exists between asbestos exposure and the bilateral interstitial lung disease; or
- Documentation of the presence of either unilateral or bilateral pleural disease accompanying the bilateral interstitial lung disease; and
- The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of bilateral interstitial disease.
Category III: Disabling Bilateral Interstitial Lung Disease
- The claimant must document bilateral interstitial lung disease diagnosed on the basis of x-ray, CT scan, HRCT scan or pathological evidence; and
- The claimant must document disability or impairment evidenced by pulmonary function tests (PFTs), total lung capacity (TLC) forced vital capacity (FVC), or diffusing capacity (DLCO) of less than 80%; and
- The claimant must submit a medical report stating that a causal relationship exists between asbestos exposure and the bilateral interstitial lung disease; and
- The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of bilateral interstitial disease.
Category IV: Other Cancers
- The claimant must demonstrate by medical report the existence of primary asbestos-related cancer of one of the following sites:
- Colo-rectal;
- Laryngeal;
- Esophageal; or
- Pharyngeal; and
- The claimant must demonstrate by medical report the existence of one of the following:
- Bilateral interstitial lung disease;
- Bilateral pleural disease (thickening or plaques); or
- Pathological evidence of asbestosis; and
- The proof of claim must establish occupational exposure to asbestos during an aggregate of three (3) years or twelve (12) quarters of employment and 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of the cancer.
Category V: Lung Cancers (One)
- The claimant must demonstrate by medical report the existence of primary asbestos-related cancer of the lung; and
- The claimant must demonstrate at least 15 years of occupational exposure to asbestos-containing materials in employment regularly requiring work in the immediate area of visible asbestos dust; and
- The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of the cancer.
Category VI: Lung Cancers (Two)
- The claimant must demonstrate by medical report the existence of primary asbestos-related cancer of the lung; and
- The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of the cancer; and the claimant must:
- Be a nonsmoker (has not smoked cigarettes for at least 15 years prior to diagnosis) and demonstrate by documentation such as Social Security records or a medical report with claimant’s work history, occupational exposure to asbestos during an aggregate of three years or 12 quarters of employment; or
- Demonstrate by medical report the existence of one of the following:
Bilateral interstitial lung disease; Bilateral pleural disease (thickening or plaques); or Pathological evidence of asbestosis.
Category VII: Malignant Mesothelioma
- The claimant must demonstrate by medical report referencing pathological findings of the existence of malignant mesothelioma; and
- The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diagnosis of the cancer