| Notices: |
Posted 11/24/2009:
Modifications to the Western Asbestos Site/Ship Lists were approved at the November 19, 2009 Trustees’ meeting. The modifications are listed below and new site/ship lists have been posted on the Trust Web site. Please review the current list, which includes a modification column for reference purposes.
Western Built List
- Magoffin APA-199 has been removed from the built List
Western Repaired List
- Added to the repaired list; Magoffin APA-199; repair dates 10/13/1953 – 12/14/1953; Mare Island Naval Shipyard; Low site rating
Minnesota Site list
- Arsenal-Joliet removed from the site list
- CF&I removed from the site list
Posted 10/20/2009:
Notice Regarding Medicare Reporting
In 2007, Congress passed the Medicare, Medicaid, and SCHIP Extension Act (“Act”), which imposes new and significant reporting requirements on certain entities that settle claims with Medicare recipients. In general, the Act requires a reporting entity to provide information to the Centers for Medicare and Medicaid Services (“CMS”) regarding payments made to Medicare recipients. These reporting requirements apply to payments made after January 1, 2010. A failure to report results in a penalty to the Trust of $1,000 per day for every claim not reported.
CMS has interpreted the Act to require reporting by a wide variety of settling parties, which include this Trust. Due to the severe penalties associated with a failure to report, and CMS’ position as to which entities are required to report, the Trust has registered as a reporting entity.
CMS does not require this Trust to report payments related to a claimant whose exposure to asbestos ended before December 5, 1980. However, there are still many questions about this exposure issue that the Trust will have to resolve before its first reports are filed.
At this time, the Trust is investigating procedural or operational changes that it may have to make in order to gather the information needed for reporting purposes. It is possible that the Trust will be required to obtain additional information from claimants. As the Trust works through these issues, it will provide further notice and information to claimants.
THE TRUST WILL BE REPORTING TO CMS ALL PAYMENTS MADE AS OF JANUARY 1, 2010, WITH RESPECT TO CLAIMS THAT THE TRUST REASONABLY BELIEVES SATISFY THE MEDICARE REPORTING REQUIREMENTS BASED UPON AVAILABLE INFORMATION.
Posted 09/14/2009:
Hold Claims Policy
The Trust can deem a claim withdrawn after the claim has been placed on hold and remains in hold status for over six (6) months. Upon written request and for good cause, the Trust may extend this period for an additional six (6) months. After the extended period, the Trust will deem the claim withdrawn.
The initial six month time period will begin running on October 1, 2009. If your firm has claims on hold, you have until April 30, 2010 to resubmit the claim with a complete claim packet (claim form and supporting documents), request in writing an additional six month period for good cause, or withdraw the claim. The claim may be withdrawn and then resubmitted with an additional $250 filing fee. If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.
According to the Trust Distribution Procedures, the existing statute of limitations for the claim will not be affected by the withdrawal, only its place in the FIFO queue. “A claimant can withdraw a Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a place in the FIFO Processing Queue based the date of such subsequent filing.” TDP Section 6.3.
Posted 04/29/2009:
PLEASE TAKE NOTICE that a hearing on the motion to approve Western Asbestos Settlement Trust's Fifth Annual Report and Accounting is scheduled for Thursday, June 18, 2009, at 11:00 a.m. before United States Bankruptcy Judge, Leslie Tchaikovsky, in the U.S. Bankruptcy Court for the Northern District of California, Oakland Division, located at 1300 Clay Street, Room 201, Oakland, California 94604.View 2008 Annual Report
Posted 04/20/2009:
2009 Inflation
Claim payments made in 2009 will be adjusted for inflation, based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The inflation adjustment for claims paid in 2009 is a reduction of .5% compounded with the inflation factor of 4.3% for 2008, 2.6% for 2006 and 3.4% for 2005. The total compounded inflation rate for claims paid in 2009 is 10.1%. The Trust’s current payment percentage is 40%.
Posted 03/12/2009:
Western Asbestos Site and Ship List Updates
Modifications to the Western Site/Ships list were approved at the Trustee meeting. These lists have been updated and are available in the Claim Packet section on the Trust website http://www.wastrust.com/index.php?click=claim_packet. Please review and print the current list(s), which includes a modification column for reference purposes.
Posted 12/12/2008:
Western Asbestos Site and Ship List Updates
Modifications to the Western Site/Ships list were approved at the November 13, 2008 Trustee meeting. These lists have been updated and are available in the Claim Packet section. Please review the current list(s), which includes a modification column for reference purposes.
Posted 07/22/2008:
Social Security Records
RESOLVED that the Trustees, in agreement with the TAC and Futures Representative amended the Western Asbestos Settlement Trust Case Valuation Matrix Section VII(c) in December 2006 to state the following:
If the Injured Person has exposure at multiple sites, but there is no evidence supporting actual length of time at any of the sites, the Trust will allocate exposure based upon an even distribution of the total length of exposure among all sites claimed. The Injured Person’s attorney and the Injured Person or Personal Representative must provide declarations stating that the work sites listed include all work sites where the Injured Person worked, and that there is no other information available to demonstrate actual work time at each site. In addition, the interrogatories accompanying the claim must contain the Injured Person’s entire work history.
FURTHER that the Trustees, in agreement with the TAC and Futures Representative agreed that social security records could be used as some evidence when the claimant is a Western employee and there is no evidence of the actual amount of days the claimant spent at a site. The Trust will calculate the claimant’s income ratios to determine the amount of days spent at a Western site.
Posted 05/20/2008:
Filing Fee Reminder
The Trust requires a $250.00 filing fee for each claim submitted to the Trust. When the claim is paid, the Trust refunds the filing fee. If the filing fee was paid by the claimant, one hundred percent of the fee must be returned to the claimant.
Posted 05/15/2008:
Attorneys’ Fees
The Trust is sending this reminder regarding the attorneys’ fees. The Trust Distribution Procedures (TDP) Section 8.4 states,
Attorneys’ fees payable in connection with Trust claims paid through this TDP, whether based on hourly rates or where calculated as a percentage of recovery, shall be the lower of the fee provided in the contract between claimant and counsel or 25% of the recovery, exclusive of costs chargeable to the claimant, which costs shall be deducted from the gross amount paid before computation of fees. This recovery shall be measured by the actual payments from the Trust to the claimant, not the liquidated value of the claim. Legal fees shall be paid as payment to claimants are made by the Trust.
Posted 03/14/2008:
UPDATE TO NOTICE OF CLAIMS AUDIT BY HARTFORD ACCIDENT & INDEMNITY COMPANY
The Trust provided notice of Hartford's intent to audit through a general notification email to Plaintiffs' attorneys. Since that time, the Trust Advisory Committee and the Futures Representative filed an adversary proceeding in the Western Asbestos bankruptcy proceeding seeking declaratory and injunctive relief to limit the scope of Hartford's audit and its use of information received in the course of the audit, including personal claims information. Hartford opposes restrictions on the scope of its review and on its ability to use the information it obtains. Hartford counterclaimed seeking "an order granting specific performance of Hartford's audit right under the Settlement Agreement, requiring the Trust to grant Hartford complete access to review and/or audit the Trust and Trust documents, including allowing Hartford to copy Trust documents." Hartford has moved for judgment on the pleadings, or in the alternative for summary judgment, and that motion is set for a hearing on March 31, 2008. Oppositions to Hartford's motion are due on March 17, 2008.
Posted 01/21/08:
2008 INFLATION ADJUSTMENT
All claim payments made in 2008 will receive an inflation adjustment based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The inflation rate being utilized for 2008 is 4.3% compounded with the inflation factor of 2.6% for 2007 and 3.4% for 2006. The Trust’s current payment percentage is 40%. The Trust will continue to utilize the CPI-W adjustment for claims payments.
Posted 12/17/07:
Western Asbestos Site and Ship List Updates
Modifications to the Western Site/Ships list were approved at the November 15, 2007 Trustee meeting. These lists have been updated and are available in the Claim Packet section on the Trust website www.wastrust.com . Please review and print the current list, which includes a modification column for reference purposes. An updated version of the Electronic Claim Template (“ECT”) www.wastrust.com/pdf/electronic_template.mdb has replaced, please utilize the current version.
Posted 10/31/07:
Modified Prima Facie Notification Process
In an ongoing effort to process claims more efficiently, the Trust has modified the Prima Facie Confirmation notification procedure with the agreement of the TAC, Futures Representative and the Trustees.
For all claims submitted electronically via the secured FTP site, the Trust will no longer issue the Prima Facie Confirmation (PC) letter. The electronic upload automatically generates a notification email to both the Firm and Trust when a file has been successfully uploaded via the FTP site. This notification shall serve as confirmation in lieu of the additional letter. For all claims submitted to the Trust via the paper process, the PC letter will continue to be generated and forwarded to the appropriate party. Any new claim submitted (electronic or paper) that is deemed Prima Facie deficient will continue to have a Prima Facie Deficiency (PD) letter issued.
Posted 08/06/07:
Western Asbestos Payment Percentage Increase
The payment percentage has been increased to 40% of the total liquidated claim value. Necessary updates to the Trust's claims processing system and payment procedures will be completed and claims will be paid in accordance with these changes. All eligible previously paid claims, including pre-petition liquidated claims, should receive the additional amounts due as a result of this payment percentage increase by October 1, 2007.
Posted 05/10/07:
Notice of Claims Audit by Hartford Accident and Indemnity Company
This is an email notification regarding important information relevant to those who have submitted claims to the Trust. This email notice will also be published on the website www.wastrust.com and sent via US mail to any known claimant or attorney without email.
The Hartford Accident and Indemnity Company (“Hartford”) has notified the Trust of Hartford’s intention to conduct an audit of all claims submitted to the Trust. Hartford’s rights to audit Trust claims information, and the Trust’s obligations to accommodate these rights, are spelled out in the original settlement agreement between Hartford and the Debtors (i.e., Mac Arthur Company, Western Mac Arthur Company and Western Asbestos Company) that was approved by the Bankruptcy Court as a part of the January 27, 2004 Plan Confirmation Order. Paragraph XIV of this Settlement agreement provides:
AUDIT RIGHTS
14.1 Hartford shall have the right, at its own expense, upon reasonable notice, at a time and place convenient to the Trust, to review and/or audit the Trust and Trust payments. The Trust shall have no obligation to create any new documents in connection with any such review beyond those ordinarily created or maintained by the Trust, and Hartford shall not be permitted to challenge the allowance or payments of Claims by the Trust or any administrative payments or costs of the Trust.
The Trust has determined that, even though this request for claims information is not being made by subpoena, because of the existence of the Bankruptcy Court’s approval any individual claim information it provides to Hartford in this audit should be provided under guidelines of the Trust’s Third Party Disclosure Policy set forth on the website in order to provide claimants an opportunity to address any objections to the Bankruptcy Court. The text of the Third Party Disclosure Policy is available at the following link: http://www.wastrust.com/index.php?click=third_party_disclosure
Posted 03/14/2007:
Amendment to Case Valuation Matrix:
An amendment to Section VII c of the Case Valuation Matrix has been approved. The amendment includes: 1) the method by which minimum exposure periods may be calculated (calendar months, calendar days, work days, or work hours); 2) pro-rata awards for certain exposure periods less than the minimum period; 3) blended exposure rates; and 4) allocation of exposure time at multiple sites.
Posted 06/13/2006:
Amendment to Case Valuation Matrix
An amendment to Section VII c of the Case Valuation Matrix has been approved in principle, subject to final approval of the specific language. The amendment includes: 1) the method by which minimum exposure periods may be calculated (calendar months, calendar days, work days, or work hours); 2) pro-rata awards for certain exposure periods less than the minimum period; 3) blended exposure rates; and 4) allocation of exposure time at multiple sites.
Posted 04/14/2006:
Payment Percentage Increase and 2006 Inflation Adjustment
The payment percentage has been increased to 34.2% of the total liquidated claim value and an inflation adjustment of 3.4% will be applied to claim payments made in 2006. Necessary updates to the Trust's claims processing system and payment procedures have been completed and claims are now being paid in accordance with these changes. Each claim paid prior to April 1, 2006 is eligible to receive 2.7% of the total liquidated claim value, plus the inflation adjustment on the amount paid in 2006.
Posted 03/22/2006:
Consideration of New Exposure Policy
The Trust’s policy has been to calculate the exposure rating multiplier for claims submitted to the Trust (for which multiple sites are required to meet the minimum exposure time for the claimed disease) by using the lowest multiplier rated site. For example, if a claimant with mesothelioma has 2 months of exposure at a site with an exposure rating of high (1.5) and 1 month of exposure at a site with an exposure rating of low (0.5), the multiplier value utilized for valuing the claim would be 0.5 (low).
Currently, the Trust is considering adopting a policy that would utilize a “blended” exposure rating process for future claims submitted. If approved, the blended exposure calculation would give proportional weight to all Western sites based upon amount of time and individual site rating. In the example listed above, the exposure multiplier would be calculated as follows:
0.667 (2 months) * 1.5 (high) = 1.0
0.333 (1 month) * 0.5 (low) = 0.17
1.0 + 0.17 = 1.17 (blended exposure multiplier value)
If this new policy for blended exposure is approved at the April 20, 2006 Trustees’ meeting, the policy will be implemented as to future claims only. The current requirements of clear evidence of dates of exposure and traditional occupations will remain the same.
Posted 10/04/2006:
Updates to Site and Ship Lists
Modifications to the Western Ships Built, Western Ships Repaired, and Minnesota On Land Site List were approved at the Trustee meeting on Thursday September 21, 2006. These lists have been updated and are available in the Claim Packet. Please review these lists, which now include a modification column on new list revisions, as well as a documents entitled “Western Ships Repaired-Deleted Ships-09.21.06” and “Western Ships Built-Deleted Ship-09.21.06” for reference purposes. Additionally, if applicable, please download the newest Electronic Claim Template (ECT) which includes the list modifications, for use in all new submittals.
Please note that following ships have been removed from the Western Ships Built List:
1. Catawba Ford 1944
2. Lena Luckenbach 1943
3. Vantage Progess
Posted 08/25/2006:
The offices of the Western Asbestos Settlement Trust will be closed on Monday, September 4, 2006 in observance of the Labor Day holiday.
Posted 07/05/2006:
Please note: The Trust is currently researching a major conversation to the vessel named Lurline, which upon confirmation will allow this ship to remain on the Western Ships Built List. Valid Western exposure will be allowed from that new start date forward.
Western Ships Built List Notification
The Trust, as a part of the ongoing process of refining the approved Western Ship and Site lists, have determined that some ships currently listed on the Western Ships Built List appear not to have been built by Western. As a result of new information, and pursuant to Section VII, b. of the Matrix, the Trust will be making a recommendation to the TAC and Futures Representative for the removal of these ships. Please be advised the following is a partial list of ships which the Trust will recommend be removed from the list.
SHIP NAME SHIPYARD
---------------------- -------------------------------------
CATAWBA FORD 1944 Sun SB & DD Co., Chester, PA
LURLINE Bethlehem Steel, Quincy MA
OREGON MAIL 1964 National Steel & SB Co., San Diego CA
PENN CHALLENGER 1959 Bethlehem Steel, PA
PRESIDENT KENNEDY 1964 National Steel & SB Co., San Diego CA
Posted 06/13/2006:
Amendment to Case Valuation Matrix
An amendment to Section VII c of the Case Valuation Matrix has been approved in principle, subject to final approval of the specific language. The amendment includes: 1) the method by which minimum exposure periods may be calculated (calendar months, calendar days, work days, or work hours); 2) pro-rata awards for certain exposure periods less than the minimum period; 3) blended exposure rates; and 4) allocation of exposure time at multiple sites.
Posted 05/31/2006:
Updates to site and ship lists
Revisions to the Western Ships Built, Western Ships Repaired, California On Land Site List, and Minnesota On Land Site List were approved at the Trustee meeting in April 2006. These lists have been updated and are available in the Claim Packet. Please review these lists, which now include a modification column for reference purposes and if applicable, download the newest Electronic Claim Template (ECT) for use in all new submittals.
Posted 04/14/2006:
Payment Percentage Increase and 2006 Inflation Adjustment
The payment percentage has been increased to 34.2% of the total liquidated claim value and an inflation adjustment of 3.4% will be applied to claim payments made in 2006. Necessary updates to the Trust's claims processing system and payment procedures have been completed and claims are now being paid in accordance with these changes. Each claim paid prior to April 1, 2006 is eligible to receive 2.7% of the total liquidated claim value, plus the inflation adjustment on the amount paid in 2006.
Posted 03/22/2006:
Consideration of New Exposure Policy
The Trust’s policy has been to calculate the exposure rating multiplier for claims submitted to the Trust (for which multiple sites are required to meet the minimum exposure time for the claimed disease) by using the lowest multiplier rated site. For example, if a claimant with mesothelioma has 2 months of exposure at a site with an exposure rating of high (1.5) and 1 month of exposure at a site with an exposure rating of low (0.5), the multiplier value utilized for valuing the claim would be 0.5 (low).
Currently, the Trust is considering adopting a policy that would utilize a “blended” exposure rating process for future claims submitted. If approved, the blended exposure calculation would give proportional weight to all Western sites based upon amount of time and individual site rating. In the example listed above, the exposure multiplier would be calculated as follows:
0.667 (2 months) * 1.5 (high) = 1.0
0.333 (1 month) * 0.5 (low) = 0.17
1.0 + 0.17 = 1.17 (blended exposure multiplier value)
If this new policy for blended exposure is approved at the April 20, 2006 Trustees’ meeting, the policy will be implemented as to future claims only. The current requirements of clear evidence of dates of exposure and traditional occupations will remain the same.
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