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Asbestos litigation prospects for legislative resolution
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Asbestos litigation prospects for legislative resolutionCRS Report for CongressOrder Code RL32286Asbestos Litigation: Prospects for Legislative Resolution Updated February 8, 2005 Edward B. Rappaport Analyst in Industry Economics and Finance Domestic Social Policy Division Congressional Research Service •:• The Library of Congress CRS-10 Medical Criteria Eligibility for benefits would require certain kinds of evidence, including documentation of occupational exposure to asbestos (preceding a minimum 10-year latency period), smoking history, physical examination, pulmonary function test, x rays, and pathology report. With this evidence, administrators are to apply the criteria in Subsection 121(d) and determine the highest of the 10 disease levels to which each claimant belongs (if any). The goal is a non-adversarial system that is prompt, efficient, and as accurate as possible in a field where there are substantial scientific uncertainties. While in some respects the benefit of the doubt is given to claimants, on the other hand the system is meant to eliminate screening "mills" that produce thousands of claims upon evidence that is fragmentary at best, if not fraudulent.19 Disputed Categories. Several of the disease categories have drawn criticism on the ground that they are not credibly linked to asbestos exposure. Among these are as follows:
The Tobacco Question. Beyond the foregoing disputes, however, the most contentious issue of all is the relevance of smoking history. The committee report states that "The Fund is not intended to be a compensation system for smokers,__________________________________________________________________ 19On allegations of fraudulent testing, see Sen. Kyl's statement, Committee report pp. 95-98. 20Compare Committee report pp. 98-99 and pp. 212-213. 21Presumably the results of the study would not affect cases already decided. |