Evidence Required to Establish Exposure from PCC Asbestos Products
To meet the exposure requirements, the claimant must show meaningful and credible evidence, for any or all disease levels, PCC Company Exposure and Significant Occupational Exposure as defined in section 5.7(b) of the TDP. In the case of Disease Levels II, III, IV, V, VII, or VIII, payments may be either greater or less than the ER payment that a claimant might have received.
PCC Company Exposure must include the following:
Claimant must demonstrate credible evidence of exposure to Unibestos during the period of July 1, 1962 – December 31, 1972, or to another asbestos-containing product manufactured, marketed, sold or distributed by PCC prior to December 31, 1982.
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 December 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).