Significant Occupational Exposure definition
Significant Occupational Exposure means employment for a cumulative period of at least five (5) years with a minimum of two (2) 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, (b) fabricated asbestos-containing products so that the claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers, (c) altered, repaired or otherwise worked with an asbestos-containing product 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).
Significant Occupational Exposure means employment for a cumulative period of at least five (5) years with a minimum of two (2) years prior to December 31, 1982, in an industry and an occupation in which the claimant (i) handled respirable crystalline silica on a regular basis or engaged on a regular basis in sandblasting or sandblasting operations as a sandblaster’s helper, pot tender, or laborer specifically cleaning up from the sandblasting process, in such a manner that it was likely to result in the inhalation of respirable crystalline silica; (ii) fabricated silica-containing products so that the claimant in the fabrication process was exposed on a regular basis to respirable crystalline silica in a manner likely to result in the inhalation of respirable crystalline silica; (iii) altered, repaired, or otherwise worked with a silica-containing product such that the claimant was exposed on a regular basis to respirable crystalline silica in a manner likely to result in the inhalation of respirable crystalline silica; or (iv) 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 (i), (ii), and/or (iii), above in a manner which caused the claimant to be exposed on a regular basis to respirable crystalline silica and in a manner likely to result in the inhalation of respirable crystalline silica.
Significant Occupational Exposure is defined in Section 5.7(b)(2) below. Disease Level Scheduled Value Medical/Exposure Criteria Other Cancer (Level III) $3,900 (1) Diagnosis of a primary colo-rectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus evidence of an underlying Bilateral Asbestos-Related Nonmalignant Disease,5 (2) six months Hercules Exposure prior to December 31, 1986, (3) Significant Occupational Exposure to asbestos, and (4) supporting medical documentation establishing asbestos exposure as a contributing factor in causing the other cancer in question. Severe Asbestosis (Level II) $6,500 (1) Diagnosis of asbestosis with ILO of 2/1 or greater or asbestosis determined by pathological evidence of asbestos, plus (a) TLC less than or equal to 65%, or (b) FVC less than or equal to 65% and FEV1/FVC ratio greater than 65%, (2) six months Hercules Exposure prior to December 31, 1986, (3) Significant Occupational Exposure to asbestos, and (4) supporting medical documentation establishing asbestos exposure as a contributing factor in 5 Evidence of “Bilateral Asbestos-Related Nonmalignant Disease,” for purposes of meeting the criteria for establishing Disease Levels I and III means either (i) a chest X-ray read by a qualified B reader of 1/0 or higher on the ILO scale or (ii)(x) a chest X-ray read by a qualified B reader or other Qualified Physician, (y) a CT scan read by a Qualified Physician, or (z) pathology, in each case showing either bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification. Evidence submitted to demonstrate (i) or (ii) above must be in the form of a written report stating the results (e.g., in ILO report, written radiology report or a pathology report). Solely for asbestos claims filed against Hercules or another defendant in the tort system prior to the Petition Date, if an ILO reading is not available, either (i) a chest X-ray or a CT scan read by a Qualified Physician, or (ii) pathology, in each case showing bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification consistent with or compatible with a diagnosis of asbestos-related disease, shall be evidence of a Bilateral Asbestos-Related Nonmalignant Disease for purposes of meeting the presumptive medical requirements of Disease Levels I and III. Pathological proof of asbestosis may be based on the pathological grading system for asbestosis described in the Special ...
Examples of Significant Occupational Exposure in a sentence
Proof of Significant Occupational Exposure, as required by the TDP.
Lung Cancer 1 (Level IV) $60,000 (1) Diagnosis of a primary lung cancer plus evidence of an underlying Bilateral Asbestos- Related Nonmalignant Disease, (2) six months Oakfabco Exposure, (3) Significant Occupational Exposure to asbestos, and (4) supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.
Claims submitted for Disease Levels II and IV must demonstrate Significant Occupational Exposure in order to meet the presumptive exposure requirements for Expedited Review.
See Section 4.4(b)(2) of the TDP for the required showing of Significant Occupational Exposure.