Celotex Requirements and Evidence Required to Establish an Asbestos Related Disease for Expedited 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 a malignancy claim, other than malignant mesothelioma, either evidence that the claimant also had a non-malignant disease that qualifies under categories I, II or III below or a medical report that exposure to asbestos was a substantial cause of the cancer.

Category I: Bilateral Pleural Disease

  1. 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
  2. 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 Lung Disease

  1. 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
  2. The proof of claim must establish a 10-year latency period between the date of first exposure to asbestos and the date of diag-nosis of bilateral interstitial disease.

Category III: Disabling Bilateral Interstitial Lung Disease

  1. The claimant must document bilateral interstitial lung disease diagnosed on the basis of x-ray, CT scan, HRCT scan or pathological evidence; and
  2. 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
  3. The claimant must submit a medical report stating that a causal relationship exists between asbestos exposure and the bilateral interstitial lung disease; and
  4. 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.