Evidence Required to Establish Exposure from FMP Asbestos Product
To meet the exposure requirements, the claimant must show credible evidence, for any or all Disease Levels, FMP Exposure and Significant Occupational Exposure as defined in section 5.7(b) of the TDP. In the case of Disease Levels II – VIII, payments may be either greater or less than the ER payment that a claimant might have received.
FMP Exposure must include the following:
- Claimant must demonstrate credible exposure, which occurred prior to December 31, 1982, to asbestos or asbestos containing products supplied, manufactured, installed, maintained, or repaired by the FMP and/or any entity, including any contracting unit, for which the particular Federal-Mogul Entity has legal responsibility.
Significant Occupational Exposure means employment for a cumulative period of at least five years with a minimum of two years prior to December 31, 1982, in an industry and an occupation in which the claimant:
- Handled raw asbestos fibers on a regular basis;
- Fabricated asbestos-containing products so that the claimant in the fabrication process was exposed on a regular basis to raw asbestos fibers;
- altered, repaired or otherwise worked with an asbestos-containing product such that the claimant was exposed on regular basis to asbestos fibers; or
- was employed in an industry and occupation such that the claimant worked on a regular basis in close proximity to workers engaged in the activities described in (1), (2) and/or (3).