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TermDefinition
ATSAmerican Thoracic Society
Administrative HoldA temporary hold placed on a claim by the Trust until a specific issue is resolved.
AsbestosAsbestos is a natural fibrous material mined from serpentine rock. This rock is crushed and fibrous strands of asbestos are extracted from the rock. The strands are then used as ingredients in insulation, ceiling tiles, and other materials.
Asbestos Personal Injury Settlement Trust Distribution Procedures (TDP)The Trust Distribution Procedures are designed to provide prompt payment to valid Asbestos Personal Injury Claims and provide reasonable assurance that the Trust will value and be in a financial position to pay similar and present Asbestos Injury Claims and Future Asbestos Injury demands in substantially the same manner.
Asbestosis (ASB)A chronic lung disease resulting from irreversible fibrosis of the lung tissue due to asbestos exposure. It is characterized by diffuse interstitial fibrosis (scar tissue formation). The onset of the disease is gradual, developing over a period of 10 to 30 years. Symptoms include cough, exertional breathlessness, increased susceptibility to respiratory infections, crackling rales in the lower part of the lungs, and digital clubbing.
Awaiting Document TankClaims are placed in this tank when a document is uploaded but is yet to be received in Trust Online. Once this document is received, the claim will be placed in its proper queue.
Certificate of Official Capacity (COC)A court document verifying that the individual may act on behalf of the estate.
Checked Out ByIndividual at the facility currently processing the claim.
Checked Out DateThe date that the claim was checked out by an individual at the facility.
Claim NumberThe claim number assigned and referenced by the Trust.
Claim StatusA status is assigned to each claim, determined by where the claim is in the review process. A claim's status will change as it goes through the review process. Trust Online users can view the status of a claim at any time.
ClaimantHolder of an Asbestos PI claim.
Current QueueCurrent storage place for the claim depending upon its status, deficiencies, and/or activity codes. Generally, if a claim is in a queue, it is waiting to be processed by the Trust. If the claim's Current Queue is in a specific tank (e.g., Mailroom Tank), the Trust is awaiting a response from the Firm.
Date ReceivedDate that the Trust received the claim.
DeferralAn option to file a claim, but to put on hold and not be processed at that time.
Deficient ClaimThe claim is missing information or documentation that is required by the Trust.
Deficiency CodeThe codes generated to send notices about missing information or documentation.
DraftDraft claims are not considered filed and the Statute of Limitations has not been tolled until submitted.
Duplicate ClaimA claim received by the Trust that matches another claim for the same injured party, which already appears in the OCFB database. The Trust can process only one claim per injured party for a single injury. Duplicate claims are placed on duplicate hold until the issue is resolved.
Electronic Filer AgreementTo access OCFB Asbestos PI Trust on Trust Online, the user registers with the Trust by executing the Electronic Filer Agreement that governs the terms of the user's access.
Evaluated InjuryMedically confirmed injury.
Exigent Hardship ClaimSee TDP section 5.4(b).
Expedited Review (ER)This election is designed primarily to provide an expeditious, efficient and inexpensive method of liquidating all claims (except those involving Lung Cancer 2 - (Disease Level VI) claims, Foreign Claims, and Secondary Exposure Claims) where the claim can be easily verified as meeting presumptive medical and exposure criteria. The ER method thus provides claimants with a substantially less burdensome process for pursuing claims than does the Individual Review Process. This process is also intended to provide qualifying claimants with fixed and certain claim payments.
External Claim AuditThe Trust is governed by the Asbestos Personal Injury Settlement Trust Distribution Procedures, Section 5.8 , which requires that the Trust perform an external audit of the exposure information and medical proof submitted to the Trust.
FIFOWhen a claim form is submitted to the Trust, it is assigned an order for processing called First-In-First-Out, or FIFO.
Foreign ClaimA PI Trust Claim with respect to which the claimant's exposure to an asbestos-containing product or conduct for which OCFB has legal responsibility occurred outside of the United States and its Territories and Possessions, and outside of the Provinces and Territories of Canada.
HoldA temporary hold placed on a claim by the Trust until a specific issue is resolved.
ILOThe acronym stands for International Labor Organization. For the Trust's purposes, it refers to the system for classifying chest x-rays. The system provides a simple method for evaluating chest x-rays with abnormalities caused by the inhalation of all types of dust, including asbestos. The ILO refers to the severity of fibrosis found by the chest x-ray, with 0/0 being a normal x-ray and 3/4 indicating the most severe interstitial disease (generally, injured persons with ASB have an ILO between 0/1 and 1/2).
Indirect ClaimIndirect Claimant is the entity seeking repayment, contribution, indemnification, subrogation, or other reimbursement from the OCFB Asbestos PI Trust (the "Trust").
Individual Review (IR)This election is designed for claimants that do not meet the presumptive medical and/or exposure criteria, or claimants alleging Disease Levels IV - VIII who seek to establish a liquidated value for the claim that is greater than its Scheduled Value in the ER process. All Foreign Claims, Lung Cancer 2 claims, and claims alleging Secondary Exposure must undergo IR.
Injured Person/PartyThe individual who was directly injured due to exposure to asbestos.
Intake DeficientOccurs when a claim is missing basic Intake information, such as a Social Security number or an alleged injury.
InterstitialThe tissue between the air sacs of the lung.
Last Review DateThe most recent date that the claim was reviewed by the Trust.
Law Firm Address ChangeWhen a law firm has changed its address, the Trust must be notified in writing. Electronic mail is not acceptable.
Law Firm Name ChangeWhen a law firm changes its name, the Trust must be notified in writing. A partner's signature is required on the law firm's letterhead. Electronic mail is not acceptable.
Lung CancerA malignancy that may be related to asbestos exposure.
Mesothelioma (Meso)A malignant tumor of the pleura, the peritoneum, or the pericardium.
Other Asbestos DiseaseA Bilateral asbestos-related non-malignant disease or an asbestos-related malignancy other than mesothelioma or lung cancer. This disease category has a fixed payment, whether the claimant is alleging a malignancy or a non-malignancy.
Offer IssuedThe release has been issued.
Other Cancers (OCA)Other cancers associated with asbestos exposure include colorectal cancer, esophageal cancer, laryngeal cancer, pharyngeal cancer, and stomach cancer.
Paid AmountThe total amount paid on all claim settlements.
Paid ClaimThe claim payment has been issued.
Payment PercentageThe percentage of the full liquidated value that all present and future claims are likely to receive for both Individual Review and Expedited Review claims, subject to review and recalculation by the Trustees on an annual basis.
Personal RepresentativeThe person recognized, through a legal document or COC, as the representative of the injured person's claim.
Place in QueueThe field located on the Claim Summary screen in Trust Online that displays the number of claims ahead of your claim in the Review or Re-Review Queue. From this screen, click on the Place in Queue field, which will provide the average monthly claims being reviewed. Compare this number with the claim's Place in Queue to determine approximately when it may be reviewed.
Pleural Disease (BPD)A non-malignant disease caused by inhalation of asbestos fibers which scars the pleura.
Pro Se ClaimantAn individual who has filed or intends to file an asbestos personal injury claim on his/her own behalf without representation of counsel.
Ready for Re-ReviewThe claim is pending re-review based on the Trust's First-In-First-Out (FIFO) order.
Ready to ReviewThe claim is pending initial medical and exposure review based on the Trust's First-In-First-Out (FIFO) order.
ReleaseThe legal document offering settlement of the claim.
Release DeficiencyThe returned release is missing basic information, such as required signatures, and a letter is sent to the claimant advising of the deficiency.
ReviewStatus of a claim meaning that the claim is in the review process.
Review DeficientWhen a claim is missing information that is required by the Trust to confirm it either medically or for exposure, such as an unacceptable diagnosis or no occupation listed.
Second Disease ClaimsThe holder of a PI Trust Claim involving a non-malignant asbestos-related disease (Disease Levels I-IV) may assert a new PI Trust Claim against the PI Trust for a malignant disease (Disease Levels V-VIII) that is subsequently diagnosed. Any additional payments to which such claimant may be entitled with respect to such malignant asbestos-related disease shall not be reduced by the amount paid for the non-malignant asbestos-related disease, provided that the malignant disease had not been diagnosed by the time the claimant was paid with respect to the original claim involving the non-malignant disease.
Statute of LimitationsThe deadline for filing a claim with the Trust based on the TDP, as well as the claimant's applicable jurisdiction.
Significant Occupational ExposureEmployment for a cumulative period for 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 (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 products such that the claimant was exposed on a regular basis to asbestos fibers; or (d) was employed in an industry and an occupation such that the claimant worked on a regular basis in close proximity to worked engaged in the activities described in (a), (b) and/or (c) .
StatusThe claim review process that the Trust follows, beginning with Ready to Review and ending with Paid claim status.
Withdrawn ClaimThe claimant has the option to withdraw the claim. Written notification from the claimant is required requesting withdrawal.
Deficiency ReportThis report provides the user with a PDF, CSV or Excel file that displays a list of standard deficiencies grouped by attorneys. The information provided in the detailed report includes the Claim Number, Firm File #, Last Name, First Name, last four digits of the SSN, Pending Paperwork and Claim Status.
Place In Queue ReportThis report provides the user with a PDF, CSV or Excel file that displays a list of claims that are in the Review and Re-Review Queues with their respective 'Place In Queue' number. This report which is grouped by status includes the Attorney Name, Claim #, Firm File #, Injury, Process Option, Injured Party, the last four digits of the SSN Place In Queue and Received Date.
Claim Status by Trust ReportThis report provides the user with a PDF, CSV or Excel file that displays a list of all claims submitted to the trust grouped by claim status. The information provided include the Claim #, Firm File #, Full Name, the last four digits of the SSN and Attorney Name.
Payment Extract ReportThis report provides the user with a CSV file that displays a list of paid claims for a specific date range and trust. The information provided in the report includes the Trust, Firm Name, Attorney Name, Claim Number, Claimant Name, Payment Date, Principal Amount, Sequence Adjustment Amount and the Firm File Number.
Claims Under Edit ReportThis report provides the user with a CSV file that displays a list of claims that are currently being edited by the law firm. The information provided includes the Trust, Claim Number, Account User (editing the claim), Account Name, Account Email, Firm Name, Attorney, Edit Date (start date), Linked, Status, Queue and Firm File Number.