Medical Criteria and Disease Levels for Asbestos Litigation

Diagnosis of all of the malignant disease levels must be made by a board-certified pathologist.3 min read

Non-Malignant Conditions

For non-malignant conditions (Levels I to V), the medical criteria generally require a diagnosis of bilateral pleural plaques or thickening, bilateral pleural calcification, diffuse pleural thickening, bilateral pleural disease of grade B2, or asbestosis based on X-ray readings or pathology. Level II includes claimants with mixed obstructive and restrictive disease based on pulmonary function testing and supporting medical documentation, such as a written opinion by the examining or diagnosing physician according to diagnostic guidelines establishing that asbestos exposure was a contributing factor to the disease. Mild, moderate and severe impairment is required for Levels III, IV, and V, respectively, based on pulmonary function test results and supporting medical documentation, such as a written opinion by the examining or diagnosing physician according to diagnostic guidelines establishing that the claimant's asbestos exposure is a substantial contributing factor in causing the pulmonary condition in question. Level I requires five years cumulative occupational exposure, while Levels II through V require five years substantial occupational exposure weighted based on time and industry (“weighted years”).

Malignant Conditions

For malignant conditions (Levels VI to IX), the medical criteria require a diagnosis of mesothelioma, primary lung cancer, or other cancer.

Level VI (other cancers) claims include:

1. A diagnosis of primary colorectal, laryngeal, esophageal, pharyngeal, or stomach cancer.
2. Evidence of a bilateral asbestos-related nonmalignant disease.
3. Fifteen weighted years of exposure to asbestos.
4. Supporting medical documentation, such as a written opinion by the examining or diagnosing physician according to diagnostic guidelines establishing that the claimant's exposure to asbestos was a substantial contributing factor in causing the claimant's other cancer.

Level VII claims must include:

1. A diagnosis of primary lung cancer.
2. Evidence of bilateral pleural plaques, thickening, or calcification as established by chest x-ray or any such diagnostic methodology supported by the findings of the Institute of Medicine.
3. Evidence of twelve or more weighted years of substantial occupational exposure.
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