To meet the presumptive exposure requirements of an Expedited Review, the Claimant must show credible evidence, for any or all Disease Levels, DII Company Exposure and Significant Occupational Exposure as defined in section 5.7(b)(3) of the TDP. If a Claimant cannot meet the presumptive exposure criteria, the Claimant may seek Individual Review.
DII Company Exposure must include the following:
- Each disease claimed has a specific period of exposure that is required.
- Based on the specific exposure requirements for the alleged disease, the Claimant must demonstrate credible exposure, which occurred prior to December 31, 1982, to asbestos or asbestos containing products supplied, manufactured, installed, maintained, or repaired by DII and/or any entity for which DII has legal responsibility.
- Exposure at a site on the Documented Site List prior to December 31, 1982.
- For sites that are not on the Documented Site List, the Claimant must provide a verified document with the name, location, and dates worked at the claimed site, as well as product information. If the Claimant is deceased, then the verified document as to site can be provided by a co-worker or family member, BUT a verified document establishing the product can only be provided by a co-worker or someone who has personal knowledge of the product that was at the claimed site during the claimed years of exposure. Forms of acceptable proof include: affidavit, deposition testimony, discovery responses, sales records/invoices, or annotated SSN records.
Significant Occupational Exposure (SOE) 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:
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).