The Individual Review Process is designed for claimant’s who either
1. claim to have asbestosis with severe impairment and/or a compensable asbestos-related malignancy and who meet the presumptive criteria for the Disease Level at issue and believe that their claim warrants value in excess of the Scheduled Value or
2. claim to have any compensable asbestos-related disease but believe that their claim would be compensable in the tort system even though it does not meet the presumptive criteria.
Unless the claimant specifies – in writing – that the claim is being submitted for review on the basis of the latter, the submission will be deemed by the Trust to be based on the former. As per the TDP, claims submitted for Individual Review for purposes of determining whether their value exceeds the Scheduled Value may receive a valuation which is more, less or equal to Scheduled Value. Claims submitted for Individual Review on the basis that they do not meet the presumptive criteria, may receive a valuation between $0 up to the Scheduled Value for the Disease Level at issue.
1. claim to have asbestosis with severe impairment and/or a compensable asbestos-related malignancy and who meet the presumptive criteria for the Disease Level at issue and believe that their claim warrants value in excess of the Scheduled Value or
2. claim to have any compensable asbestos-related disease but believe that their claim would be compensable in the tort system even though it does not meet the presumptive criteria.
Unless the claimant specifies – in writing – that the claim is being submitted for review on the basis of the latter, the submission will be deemed by the Trust to be based on the former. As per the TDP, claims submitted for Individual Review for purposes of determining whether their value exceeds the Scheduled Value may receive a valuation which is more, less or equal to Scheduled Value. Claims submitted for Individual Review on the basis that they do not meet the presumptive criteria, may receive a valuation between $0 up to the Scheduled Value for the Disease Level at issue.