Welcome to Western Asbestos Settlement Trust

Welcome!

On this site you will find information related to claims and claim submission, documents available for download, and pertinant notifications.
Please click this link to go directly to the Trust Documents page

Headquarters of the Western Asbestos Settlement Trust

300 East Second Street, Suite 1410
Reno, Nevada 89501
(775) 324-5511

 


 

Notices:

NOTICE TO BENEFICIARIES AND POTENTIAL BENEFICIARIES OF THE J.T. THORPE SETTLEMENT TRUST, THORPE INSULATION COMPANY ASBESTOS SETTLEMENT TRUST, AND WESTERN ASBESTOS SETTLEMENT TRUST REPRESENTED BY MICHAEL J. MANDELBROT:

Posted 04/16/14

This notice concerns your claim(s) with the above-referenced Trusts (collectively, the “Trusts”), and has been authorized and approved by the United States Bankruptcy Court for the Central District of California.

Under the terms of an agreement between these Trusts and Michael Mandelbrot, and subsequent order of the Bankruptcy Court, Mandelbrot must transfer all claims for which he serves or has served as counsel to a new attorney of record by July 23, 2014.

If you chose to select new counsel to represent you, or to represent yourself in connection with your claim(s) with the Trusts, YOU MUST DO SO BY JULY 23, 2014 OR YOUR CLAIM MAY BE DEEMED WITHDRAWN. THIS MAY DELAY OR ELIMINATE YOUR RIGHTS TO PAYMENTS FROM THE TRUST(S), including initial payments and any further payments from the Trust(s) in the event of an increase in payment percentage/funds received ratio, and MAY REQUIRE ADDITIONAL FILING FEES in the event you elect to re-submit your claim following withdrawal.

YOU ARE ADVISED TO CONSULT WITH COUNSEL REGARDING THIS NOTICE.

For additional information regarding this notice, and the background giving rise to this dispute, please see the Bankruptcy Court’s Findings of Fact and Conclusions of Law, Order Following Trial, and Judgment, which have been posted on each of the Trusts’ Web sites.

Notice

Posted 03/6/14

The Trust has hired a well-known cyber security company who was onsite at the Trusts’ physical location for three days at the end of last week. That company is now working to determine the origin of any incursion which may have happened. Preliminarily it does not appear that any data was altered or removed but final review may take several weeks as the Trusts want to be extraordinarily careful. The Trusts are having twice weekly telephone meetings with the company and hope to have information about when the system will be back up and functioning by the end of next week. In the meantime, the Trusts are working to rebuild a read-only system for the processors. This will enable the processors to look at claims already filed and determine if there are deficiencies or offers that can be sent by mail. By Friday of next week the Trusts will make a decision as to whether they need to temporarily implement a paper system for filing claims. Thank you for your patience.

Notice

Posted 02/21/14

Over last weekend, the Trusts experienced an incursion into their computer systems. When the incursion was discovered, the Trusts’ systems were taken off-line. At the current time, it does not appear that any claimant information was compromised or disclosed. However, the Trusts have retained experts to further evaluate the extent of the incursion. Until the Trusts’ investigation, and any remedial action is completed, the Trusts’ systems will remain off-line. Applicable statute of limitations will be tolled during the period that the Trusts’ systems are off-line, and until alternative filing procedures, if any, are in place. Any questions, should be directed to the Trusts.

Notice

Posted 02/18/14

The claims processing FTP server is down for maintenance. Please check back later for updates.

Notice

Posted 01/31/14

The Declaratory Relief Adversary Proceedings filed by the J.T. Thorpe Settlement Trust and the Thorpe Insulation Settlement Trust regarding the Trusts’ conduct in investigating Michael J. Mandelbrot and the Mandelbrot Law firm, as well as the Trusts’ Motion For Instructions Regarding (1) the Trusts’ Audit Findings Regarding Mandelbrot and (2) the Trusts’ Remedy, have been resolved by stipulation placed on the record in open court on January 23, 2014. A link to a copy of the court’s docket entry is set forth below. Findings of Fact and Conclusions of Law conforming to the stipulation are due to be filed with the court by February 11, 2014, and a tentative hearing date has been set to hear any disputes arising out of finalizing the Findings of Fact and Conclusions of Law on February 18, 2014 at 10:00 a.m. before the Honorable Sheri Bluebond, Courtroom 1475, 255 E. Temple St. 14th Floor, Los Angeles, California 90012. J.T. Thorpe Settlement Trust and the Thorpe Insulation Company Asbestos Settlement Trust vs. Michael J. Mandelbrot and the Mandelbrot Law firm, Case No. 12-ap-02182, United States Bankruptcy Court Central District of California.
PDF of Docket Entry No. 186

Pro- Bono Evaluation Proceedings

Posted 01/14/14

The Trustees, with consent of the Trust Advisory Committee (“TAC”) and Futures Representative (“FR”) suspend the Phase One Pro Bono Evaluation Proceedings (Binding and Non-Binding) effective Tuesday, January 14, 2014.

Claimants who desire to exercise their right to Arbitration under Section 5.9 of the First Amendment to and Complete Restatement of the Western Asbestos Company/Western Mac Arthur Co./Mac Arthur Co. Asbestos Personal Injury Settlement Trust Distribution Procedures (“TDP”) may do so by providing the Trust’s Administrator with a written request for Arbitration within ninety (90) days of either a claim being rejected by the Trust, or a rejection by the claimant of a Trust offer. Upon receipt of a written request for Arbitration, the Trust within ten (10) days, will send to claimant an Election Form and Agreement for Binding or Non-Binding Arbitration.

If the Trust has already received an Evaluation by Document Election Agreement prior to January 14, 2014, that claim is unaffected.

Western Built and Repaired Lists

Posted 10/01/13

The following is a list of the modifications to the Western Asbestos Settlement Trust Built and Repair Ship Lists approved at the September 2013 Trustees' meeting.

Ships removed from the Western Built List:

  • Angelo Petri – this ship was built at Kaiser, Swan Island
  • Oregon Mail – this ship was built at NASSCO in San Diego
  • President Kennedy – this ship was built at NASSCO in San Diego
  • Ocean Phoenix, previously the Oregon Mail – this ship was built at NASSCO in San Diego

Modifications to the Western Ships Built List:

  • Correct Name – Charles Devena should be Charles Devens
  • Correct Name – Chicago should be to SS Chicago, originally the General C.H. Muir
  • Correct Name – Saint Louis should be SS Saint Louis, originally the General M.L. Hersey
  • Correct Name – Pittsburgh should be SS Pittsburgh, originally the General M.L. Hersey
  • Correct Name – President Wilson should be SS President Wilson
  • End Date – Independence should have an end date of 1931 as it changed to the City of Norfolk
  • Start and End Date – City of Norfolk (previously the Independence) should have a date range from 1931-1941 as then it changed to the Neville

Ship removed from the Western Ships Repaired List:

  • Point Cruz

Ship added to the Western Ships Repaired List

  • Chicago CG 11 – start date of 11/1/1958 to 12/31/1963 – Hunters Point Naval Shipyard. The Chicago underwent a five year conversation.

Annual Report

Posted 05/01/13

PLEASE TAKE NOTICE that a hearing on the motion to approve Western Asbestos Settlement Trust’s Ninth Annual Report and Accounting is scheduled for Wednesday, June 19, 2013 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Roger L. Efremsky, at the United States Bankruptcy Court for the Northern District of California, Oakland Division, located at 1300 Clay Street, Oakland, California 94612 in Room 201.

Western Asbestos Payment Percentage Review

Posted 02/20/13

Section 4.2 of the Trust Distribution Procedures requires that the Payment Percentage be reconsidered no less frequently than once every three years. The Payment Percentage was last reviewed on February 18, 2010 (see notices of all reviews and changes in Archive notices). On February 7, 2013, the Payment Percentage was again reviewed and it remains at 44%.

Modification to the Western Ship Lists

Posted 10/17/12

The following is a synopsis of the modifications to the Western Asbestos Settlement Trust Built and Repair Ship Lists approved at the September 20, 2012 Trustees' meeting.

Ships removed from the Western Built List:

  • Monterey
  • Oregon Mail
  • Hamer

Ship removed from the Western Repaired List:

  • Point Defiance

Ships added to the Western Built List:

  • Bush – Start Date 5/10/1943
  • Hazelwood – Start Date 1/18/1943
  • Oyster Point – Start Date 7/1/1959
  • Point Orient – Start Date 1/1/1960
  • Point Bonita – Start Date 1/1/1960
  • Valdez – Start Date 1/1/1966
  • McKinley – Start Date 7/1/1964
  • Shasta aka Centennial Queen – Start Date 6/28/1946 

Modifications to Site List

Posted 05/11/12

The following modifications to the California Land Site List were approved at the April 19, 2012 Trustees' meeting:

  • Hawthorne Army Base – Correct State Designation to NV
  • Camp Parks – Correct City Designation to Dublin

Annual Report

Posted 04/27/12

PLEASE TAKE NOTICE that a hearing on the motion to approve Western Asbestos Settlement Trust's Eighth Annual Report and Accounting is scheduled for Tuesday, June 26, 2012 at 1:30 p.m. before United States Bankruptcy Court Judge, the Honorable Roger L. Efremsky, at the United States Bankruptcy Court for the Northern District of California, Oakland Division, located at 1300 Clay Street, Oakland, California 94612 in Room 201.

Timing of Requests for Consideration at February 2012 Trustees' Meeting

Posted 11/28/11

Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the February 2012 Trustees' meeting must be received by the Trust on or before Friday, January 6, 2012.

Comments to the Trust

Posted 11/28/11

The Trust welcomes comments from Trust claimants, beneficiaries and law firms that file claims with the Trust. The Trustees invariably will seek the advice of the Trust Advisory Committee and Futures Representative with regard to any comments seeking to modify Trust policies or set priorities on Trust agendas or finances. The Trust recommends that claimants or their attorneys make an effort to discuss those issues either with the Trust Advisory Committee or the Futures Representative, or both, as appropriate, before raising these issues with the Trustees or the Trust staff.

Modification to the Western Built Ships List

Posted 09/26/11

A modification to the Western Built Ships List was approved at the September 15, 2011 Trustees’ meeting. The modification is listed below and the new list has been posted on the Trust Web site. Please review the list, which includes a modification column for reference purposes.

    Additions to the Western Ships Built List
  • USS Arco (ARD 29) – Start Date 7/1/1944
  • USS San Onofre (ARD 30) – Start Date 8/1/1944
  • ARD 31 – Start Date 6/9/1944
  • ARD 32 – Start Date 1/1/1944

New Documents added to Site

Posted 5/2/11

The Ninth Amendment to and Complete Restatement of Trust Agreement and First Amendment to and Complete Restatement of Matrix have been added to the Trust Documents section of the site.

2010 Annual Report

Posted 4/28/11

The 2010 Annual report is now posted.  Click the link to download.

Notice of Hearing

Posted 4/28/11

PLEASE TAKE NOTICE that a hearing on the motion to approve Western Asbestos Settlement Trust's Seventh Annual Report and Accounting is scheduled for Tuesday, May 24, 2011 at 1:30 p.m. before United States Bankruptcy Court Judge, the Honorable Roger L. Efremsky, at the United States Bankruptcy Court for the Northern District of California, Oakland Division, located at 1300 Clay Street, Oakland, California 94612 in Room 201.

Declarations

Posted 4/5/2011

Pursuant to Section I(d) of the Matrix, the Trust may require additional information to assure that such evidence provided to the Trust is reliable. Therefore, any claim that is partially supported by a declaration to verify claimant's presence at a site, asbestos exposure, and/or dates of exposure, or any other facts relevant to the claim must meet these requirements:

  • The declaration must be written by a person who is competent to testify to the information stated in the declaration and the person must have direct knowledge of the factual information relevant to the claim.
  • The declaration must provide sufficient background information to explain how the declarant acquired the direct knowledge of factual matters relevant to this claim, to allow the Trust to determine the credibility of the declarant.
  • The declarant's complete home address is to be part of the declaration.
  • The declaration must be in the declarant's own words and not boilerplate wording.
  • The declaration must be accompanied by any documents (i.e. military records, social security records, etc) that the declarant relied upon in drafting his or her declaration.  If no documents were relied upon in drafting the declaration, then the claimant must make a statement that he or she did not rely on any documents for the declaration. If the information was given to the person by someone other than the Injured Person, then the declaration must state who, when, and in what form the information was given.
  • The declaration must be specific to the claim filed.
  • The declaration must be signed under the penalty of perjury.
  • The Trust may interview anyone who signs a declaration in support of a claim submitted to the Trust pursuant to Section I(d) of the Matrix.

Approved Modifications

Posted 03/03/2011:

Modifications to the Western Ships Built List, Western Ships Repaired List, and Minnesota On-Land list were approved at the February 17, 2011 Trustees meeting. The modifications are listed below and the new lists have been posted on the Trust Web site. Please review the lists, which include a modification column for reference purposes.

Minnesota On-Land Site List:

  • Removed Power Plant- Port Neal - it has been determined this is not a site in Minnesota but in Iowa.

Western Asbestos Ships Repaired List:

  • Removed USS Garcia DE 1040 from the repaired list. This is a built ship and is currently on the built list.

Western Asbestos Ships Built List:

  • Added the below ships to the built list. These ships were built at Bethlehem Steel - San Francisco
Shipyard Start Date End Date Name of Ship Contents
Bethlehem Steel -- San Francisco, CA 1-Dec-47 1-Dec-48 ADM D.W. TAYLOR scrapped 1974
Bethlehem Steel -- San Francisco, CA 1-Apr-48 1-Apr-49 ADM F.B. UPHAM scrapped 1984
Bethlehem Steel -- San Francisco, CA 1-Sep-44 1-Sep-45 ADM W.L. CAPPS sunk 2000
Bethlehem Steel -- San Francisco, CA 4-Feb-43 4-Feb-44 CHICKSAW struck 1999
Bethlehem Steel -- San Francisco, CA 28-Mar-43 28-Mar-44 CREE sunk 1978
Bethlehem Steel -- San Francisco, CA 20-Feb-19 20-Feb-20 HAZELWOOD scrapped 1935
Bethlehem Steel -- San Francisco, CA 29-Apr-43 29-Apr-44 LIPAN sunk 1990
Bethlehem Steel -- San Francisco, CA 29-May43 29-May-44 MATACO scrapped 1979
Bethlehem Steel -- San Francisco, CA 25-Sep-42 25-Sep-43 MENOMINEE  
Bethlehem Steel -- San Francisco, CA 29-Sep-43 29-Sep-44 MOLALA  
Bethlehem Steel -- San Francisco, CA 30-Oct-43 30-Oct-44 MUNSEE struck 1969
Bethlehem Steel -- San Francisco, CA 17-Dec-43 17-Dec-44 PAKANA sunk 1975
Bethlehem Steel -- San Francisco, CA 31-Mar-42 31-Mar-43 PAWNEE struck 1962
Bethlehem Steel -- San Francisco, CA 12-Feb-44 12-Feb-45 POTOWATOMI suck 1965
Bethlehem Steel -- San Francisco, CA 6-May-44 6-May-45 QUPAW struck 1992
Bethlehem Steel -- San Francisco, CA 24-Jun-44 24-Jun-45 Sarsi lost 1952
Bethlehem Steel -- San Francisco, CA 22-Sep-44 22-Sep-45 SERRANO  
Bethlehem Steel -- San Francisco, CA 12-Jun-42 12-Jun-43 SIOUX  
Bethlehem Steel -- San Francisco, CA 3-AUG-44 3-AUG-45 TAKELMA  
Bethlehem Steel -- San Francisco, CA 15-Sep-44 15-Sep-45 TAWAKONI  
Bethlehem Steel -- San Francisco, CA 18-Sep-44 18-Sep45 TENINO struck 1961
Bethlehem Steel -- San Francisco, CA 26-Dec44 26-Dec-45 TOLOWA struck 1970
Bethlehem Steel -- San Francisco, CA 13-DEC-42 13-DEC-43 UTE sunk 1991
Bethlehem Steel -- San Francisco, CA 17-Feb-45 17-Feb-45 WATEREE sunk 1945
Bethlehem Steel -- San Francisco, CA 24-Mar-45 24-Mar-46 WENATCHEE  

 

Posted 03/03/2011:

RESOLVED that the Trustees, in agreement with the TAC and Futures Representative, do hereby amend the Western Asbestos Settlement Trust Case Valuation Matrix Section IV (vii) as follows:

vii. Medical Causation. The following adjustments apply to Injured Persons who have different smoking histories and/or medical findings than those described for the base Other Cancer case. In no event can any of the adjustments listed below be combined for an overall causation adjustment in excess of 3.0 OCA.

Causation Information Data
Pathological diagnosis of asbestosis, or occupational levels of asbestos bodies or asbestos fibers in lung tissue 2.0 OCA
Clinical diagnosis of asbestosis (in absence of pathological diagnosis) 1.5 OCA
No radiographic evidence of asbestos exposure and no Increased fiber burden as a marker of asbestos exposure .25 OCA
Lifetime non-smoker 2.0 OCA
1-20 pack-years of smoking 1.2 OCA
Over 80 pack-years of smoking .6 OCA
Diagnosis over 10 years since Injured Person quit smoking 1.2 OCA
Diagnosis over 15 years since Injured Person quit smoking 1.5 OCA