Current through Register Vol. 56, No. 18, September 16, 2024
(a) In addition to the
items specified at
12:235-7.3 for certification to the
UEF, the petitioner shall, in asbestos exposure claims under
12:235-7.8 provide the following as
part of such certification:
1. Identification of
all third-party actions or latent disease claims filed by or on behalf of the
employee based upon exposure(s) to asbestos, including the names of the defendants
and the courts in which such actions are pending or were concluded;
2. Date of manifestation of the employee's
asbestosis or asbestos-induced cancer;
3. Date of discovery, disclosure or diagnosis of
the employee's asbestosis or asbestos-induced cancer and its relation to the ability
of the employee to work;
4. Rate of
progression of the employee's asbestosis or asbestos-induced cancer;
5. Date(s) the employee was impaired or unable to
work as a result of the asbestosis or asbestos-induced cancer;
6. Date(s) of any lost time for medical treatments
related to asbestosis or asbestos-induced cancer;
7. Nature of pre-existing pulmonary conditions,
cancer-related conditions, exposure to any other chemicals, and/or smoking
history;
8. Medical basis for concluding
that there is a causal relationship between the employee's work and the employee's
asbestosis or asbestos-induced cancer;
9. Medical conditions pre-existing the alleged
exposure(s) to asbestos, including the nature of the pre-existing condition(s), the
date(s) and type(s) or medical treatment received, and the names and addresses of
all medical practitioners and providers involved in the diagnosis and treatment of
such condition(s);
10. Details of
efforts made under the provisions of
12:235-7.8(b);
11. Dates and nature of employment during which
the employee was exposed to asbestos or during which the employee was exposed to
conditions which aggravated or contributed to the asbestosis or asbestos-induced
cancer. Such information should include, but not be limited to, any environmental
information and data giving evidence of the level of exposure to asbestos and how
such levels exceeded those encountered in the general environment; and
12. Nature and extent of any future treatment for
the employee's asbestosis or asbestos-induced cancer.
(b) If any of these items of information are not
provided to the UEF, the petitioner or the petitioner's attorney shall indicate that
a request or search has established that such item or information is not available.
The UEF may require such additional information and searches that are necessary and
reasonable for review of the application.
(c) In addition to the information required under
the provisions of this rule in (a) above and under
12:235-7.3, the petitioner shall
provide the UEF with all medical records and information related to the asbestos
exposure claim.
