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EXTENSION OF TEMPORARY POLICY CHANGES REGARDING ELECTRONIC SIGNATURES AND DIRECT MAILING OF RELEASES AS WELL AS THE TEMPORARY POLICY CHANGES REGARDING MEDICARE CERTIFICATIONS – COVID- 19
Posted 08/10/2020
In continuing to recognize the ongoing response to the outbreak of COVID-19 and related governmental restrictions, the Trust has determined that in order to continue to provide for the continuity of operations and to continue to fulfill the primary purpose of the Trust to pay the Trust’s claimants, the Trust has extended its temporary policy of the Electronic Signatures and Direct Mailing of Releases as well as its temporary policy regarding Medicare Certifications to December 31, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.
Timing of Requests for Consideration at Trustees’ Meetings
Posted 07/17/2020
Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or Trust Distribution Procedures/Matrix interpretations or questions to be considered during the Trustees’ meeting must be received by the Trust on or before the deadline, listed below.
For requests to be considered at future Trustees’ meetings, the schedule is as follows:
Trustees’ Meeting Deadline for Requests
September 2020 Friday, August 7, 2020
November 2020 Friday, October 2, 2020
EXTENSION OF TEMPORARY POLICY CHANGES REGARDING ELECTRONIC SIGNATURES AND DIRECT MAILING OF RELEASES AS WELL AS THE TEMPORARY POLICY CHANGES REGARDING MEDICARE CERTIFICATIONS – COVID- 19
Posted 06/16/2020
In recognition of the ongoing response to the outbreak of COVID-19 and related governmental restrictions, the Trust has determined that in order to continue to provide for the continuity of operations and to continue to fulfill the primary purpose of the Trust to pay the Trust’s claimants, the Trust has extended its temporary policy of the Electronic Signatures and Direct Mailing of Releases as well as its temporary policy regarding Medicare Certifications to September 7, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.
EXTENSION OF TEMPORARY POLICY CHANGES REGARDING ELECTRONIC SIGNATURES AND DIRECT MAILING OF RELEASES AS WELL AS THE TEMPORARY POLICY CHANGES REGARDING MEDICARE CERTIFICATIONS – COVID- 19
Posted 05/29/2020
In recognition of the ongoing response to the outbreak of COVID-19 and related governmental restrictions, the Trust has determined that in order to continue to provide for the continuity of operations and to continue to fulfill the primary purpose of the Trust to pay the Trust’s claimants, the Trust has extended its temporary policy of the Electronic Signatures and Direct Mailing of Releases as well as its temporary policy regarding Medicare Certifications to June 30, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.
TEMPORARY POLICY CHANGES REGARDING ELECTRONIC SIGNATURES AND DIRECT MAILING OF RELEASES-COVID-19
Posted 04/29/2020
In recognition of the national emergency declared by the President of the United States in response to the outbreak of COVID-19, the Trust has determined that in order to provide for the continuity of operations and to fulfill the primary purpose of the Trust to pay the Trust’s claimants, the Trust is offering two additional temporary methods for claimants to execute a Release and Discharge agreement (“Release”).
1. Electronic Signature Option. After Counsel to Trust claimants approve the value of a claim and the form of Release for a claimant, he or she can request that the Release be signed by electronic means (“Electronic Signature Option”). To implement the Electronic Signature Option, the Trust offers the following procedure:
a. Counsel to Trust claimants who intend to use the Electronic Signature Option are required to execute a Consent to Contact Client and Waiver (“Consent and Waiver”) and the related Option for Signing Consent to Contact Client and Waiver by Electronic Means (“Electronic Option Agreement”), both of which are attached as Exhibit A. The Consent and Waiver authorizes the Trust to contact claimants represented by counsel by telephone or otherwise to authenticate that the claimant affixed or affirmed their electronic signature on a Release and on the Electronic Signature Agreement described below. Counsel to Trust claimants who wish to electronically sign the Consent and Waiver must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, to electronically sign both the Consent and Waiver and the Electronic Option Agreement. Both executed documents must then be submitted to the Trust via email to support@524gtrust.com using the language set forth in Exhibit B. The Consent and Waiver may also be executed manually and returned to the Trust via overnight courier. The Consent and Waiver must be properly executed and returned to the Trust before a law firm representing Trust claimants may select the Electronic Signature Option or the Direct Mail Option set forth below.
b. After the Trust has accepted the Consent and Waiver, if counsel for a Trust claimant intends to use the Electronic Signature Option, counsel will electronically send the claimant the approved Release and an Agreement to Allow Electronic Signatures, attached as Exhibit C (“Electronic Signature Agreement”). The Electronic Signature Agreement authorizes the claimant to sign both the Electronic Signature Agreement and the Release electronically. The electronic signature can be affixed to both documents using the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, as directed by counsel for the Trust claimant. After affixing his or her electronic signature to the documents, the claimant must return those documents to counsel. Counsel to the Trust claimant will send the electronically signed documents to the Trust, indicate in writing that the Consent and Waiver is applicable and provide telephonic contact information for each claimant for which counsel intends to use the Electronic Signature Option, all via email to support@524gtrust.com.
c. In order to complete the Electronic Signature Option process, the Trust will attempt to contact a claimant by telephone using the contact information provided by the claimant’s counsel. The claimant must provide the Trust with sufficient unique and personal information which, in the Trust’s sole discretion, satisfies the Trust that the person contacted is the claimant who intended to affix or affirm their electronic signature on the Release and the Electronic Signature Agreement. If the claimant’s electronic signature cannot be authenticated by the Trust (e.g., the Trust is unable to reach the claimant by telephone, or insufficient correct identifying information is provided by the person contacted) then the electronic signature will not be accepted by the Trust and the Electronic Signature Option may not be utilized for that claimant.
d. Counsel and Trust claimants may continue to use the existing manual execution method for executing Releases, or the Direct Mail Option set forth below, in addition to the Electronic Signature Option.
2. Direct Mail Option. If counsel to a Trust claimant has an approved Consent and Waiver on file with the Trust, and has confirmed in writing to the Trust that the particular claimant is subject to the executed Consent and Waiver and has provided the Claimant’s current mailing address to the Trust, all via email to support@524gtrust.com, then counsel may select the option to have the claimant receive the Release directly from the Trust and, after claimant has signed the Release, to return it directly to the Trust (“Direct Mail Option”). Claimants who exercise the Direct Mail Option will receive the original Release by mail from the Trust. The Trust will provide a return envelope for use by the claimant to return the Release to the Trust by mail.
These provisions are expected to apply until May 30, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.
Exhibit A- Consent and Waiver and Electronic Option Agreements
Exhibit B- Email Language Required for Consent and Waiver and Electronic Option Agreements
Exhibit C- Electronic Signature Agreement
AMENDED TEMPORARY POLICY CHANGES REGARDING MEDICARE CERTIFICATION-COVID-19
Posted 03/31/2020 and Amended 04/28/2020
In recognition of the national emergency declared by the President of the United States in response to the outbreak of COVID-19, the state of emergency in response to the outbreak of COVID-19 and the ordering of shelter in place for everyone in California by the Governor of California, and the state of emergency declared by the State of Nevada, the Trust has determined that in order to provide for the continuity of operations and to fulfill the primary purpose of the Trust to pay the Trusts’ claimants, the Trust will follow the following temporary policy changes:
The Trust will accept electronic signatures on Certification(s) for Unpaid Claims – Claimed Exposure Post December 5, 1980 and Certification(s) for Unpaid Claims – Claimed Exposure Pre December 5, 1980 (“Medicare Certifications”) pursuant to the following procedure:
1. A law firm representing Trust claimants that intends to sign and submit Medicare Certifications electronically must execute and return to the Trust an Agreement to Allow Electronic Signatures on Certifications for Unpaid Claims, attached as Exhibit A (“Electronic Signature Agreement”). Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, to electronically sign the Electronic Signature Agreement and then must submit it to the Trust via email to support@524gtrust.com. The Electronic Signature Agreement may also be executed manually and returned to the Trust via overnight courier. The Electronic Signature Agreement must be properly executed and returned to the Trust before a law firm representing Trust claimants may submit electronically signed Medicare Certifications to the Trust.
2. Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust, or a commercially available equivalent which produces an electronic signature in .pdf format, to electronically sign Medicare Certifications. Counsel to Trust claimants must then submit the Medicare Certifications to the Trust via email at support@524gtrust.com using the language set forth in Exhibit B for each Medicare Certification submitted.
3. Trust staff will review all submitted Electronic Signature Agreements, and inspect all submitted Medicare Certifications and related emails, for compliance and, if satisfactory, scan completed Medicare Certifications into the Trust’s online claims processing system.
These provisions are expected to apply until May 30, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.
Exhibit A- Electronic Signature Agreement
Exhibit B- Required for Certificate
Annual Report
Posted 04/28/20
PLEASE TAKE NOTICE that a hearing on the motion to approve Western Asbestos Settlement Trust’s Sixteenth Annual Report and Accounting is scheduled for Thursday, June 11, 2020 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Hannah L. Blumenstiel, at the United States Bankruptcy Court for the Northern District of California, San Francisco Division, located at 450 Golden Gate Avenue, 16th Floor, San Francisco, California 94102 in Courtroom 19.
TEMPORARY POLICY CHANGES REGARDING MEDICARE CERTIFICATION-COVID-19
Posted 03/31/2020
In recognition of the national emergency declared by the President of the United States in response to the outbreak of COVID-19, the Trust has determined that in order to provide for the continuity of operations and to fulfill the primary purpose of the Trust to pay the Trusts’ claimants, the Trust will follow the following temporary policy changes:
The Trust will accept electronic signatures on Certification(s) for Unpaid Claims – Claimed Exposure Post December 5, 1980 and Certification(s) for Unpaid Claims – Claimed Exposure Pre December 5, 1980 (“Medicare Certifications”) pursuant to the following procedure:
1. A law firm representing Trust claimants that intends to sign and submit Medicare Certifications electronically must execute and return to the Trust an Agreement to Allow Electronic Signatures on Certifications for Unpaid Claims, attached as Exhibit A (“Electronic Signature Agreement”). Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust to electronically sign the Electronic Signature Agreement and then must submit it to the Trust via email to support@524gtrust.com. The Electronic Signature Agreement may also be executed manually and returned to the Trust via overnight courier. The Electronic Signature Agreement must be properly executed and returned to the Trust before a law firm representing Trust claimants may submit electronically signed Medicare Certifications to the Trust.
2. Counsel to Trust claimants must use the fill and sign Adobe feature designated by the Trust to electronically sign Medicare Certifications. Counsel to Trust claimants must then submit the Medicare Certifications to the Trust via email at support@524gtrust.com using the language set forth in Exhibit B for each Medicare Certification submitted.
3. Trust staff will review all submitted Electronic Signature Agreements, and inspect all submitted Medicare Certifications and related emails, for compliance and, if satisfactory, scan completed Medicare Certifications into the Trust’s online claims processing system.
These provisions are expected to apply until May 30, 2020, or such prior or subsequent date as is determined at the sole discretion of the Trust. The Trust may revert to its prior policies at any time in its sole discretion.
Exhibit A- Electronic Signature Agreement
Exhibit B- Required for Certificate
Indexed Base Case Values for Economic and Medical Loss
Posted 01/17/20
The new indexed base cases values for 2020 are as follows:
2020 Economic Loss Base Case $269,0002020 Medical Loss Base Case $326,0002020 Assumed Future Medical Loss and Funeral Expenses $122,464
Nevada-based Asbestos Settlement Trusts Appoint Executive Director
Posted 01/13/20
The Trustees of the four asbestos injury settlement trusts, headquartered in Reno, Nev., the Western Asbestos, J.T. Thorpe, Thorpe Insulation, and Plant Asbestos Settlement Trusts (Trusts), today announced the appointment of Steven L. Bray as their next Executive Director, effective in early 2020.
“We’re truly fortunate that Steve is joining the Trusts as he brings the right mix of professional experience and skills to the position and is deeply committed to the Trusts’ goal of treating all claimants equitably,” said Managing Trustee Jack Luikart. “The Trustees believe he will provide effective and efficient management of the Trusts.”
Mr. Bray most recently served as Vice President, General Counsel and Secretary of Johnson Matthey Inc. where he was the chief legal officer overseeing all functions of the Americas legal department for the international, publicly traded manufacturer of specialty chemicals and lithium ion battery materials. Prior to that, he served in positions of increasing managerial and legal responsibility with Albemarle Corporation, BP and The Hartford.
“I look forward to contributing to the Trusts’ efforts as we continue to tirelessly serve our claimants with transparency, efficiency, fairness and respect,” Bray said. “I am delighted to be joining the Trusts and am privileged to be working with such a dedicated and talented team of professionals.”
Mr. Bray is a 1989 Distinguished Graduate of the United States Military Academy at West Point. Following military service as a field artillery officer in the United States Army, he received a Juris Doctorate degree from the University of Pennsylvania Law School and a Master of Business Administration degree (Risk Management and Decision Processes) from The Wharton School at the University of Pennsylvania.
Laura Paul, currently Acting Executive Director of the Trusts, will return full time to her position as Claims Manager when Mr. Bray begins.
Mr. Bray, his wife, Ana Marie, and their three children will reside in Reno.
Contact: Julia Sutherland
703-408-2570
TDP Modifications
Posted 01/08/20
Additions to Sections 2.3 and 2.5 of the Trust Distribution Procedures were approved by the Trustees, with consent of the Futures Representative and Trust Advisory Committee, as follows: 2.3 Trust Application of the Payment Percentage.To the extent that the designated legal representative of a claimant or heir (or the Trust in the case of in pro per claimants), following reasonable efforts, cannot locate a claimant or heir within one year from the approval of any additional payment pursuant to Section 4.2, the legal representatives shall return all funds, which must be held in client trust accounts, to the Trust which the Trust shall return to net claimant equity. To the extent the Trust cannot locate a claimant or heir in pro per within one year from the approval of any additional payment pursuant to Section 4.2 following reasonable efforts, the entire additional payment shall also be returned to net claimant equity. 2.5 Trust Claims Payment Ratio.2019 ExemptionDuring 2019, in the event that the Trustees determine that the allocation of the Maximum Annual Payment for MAC Company Category (Minnesota and North Dakota)/Disease Category B claims (e.g. 28.5% of 11.65%) is greater than the amount required to pay the actual and reasonably anticipated MAC Company Category/Disease Category B claims in 2019, then the Trustees are authorized, with consent of the TAC and the Futures Representative, to allocate as much of the excess MAC Company Category/Disease Category B funds as may be necessary to timely pay MAC Company Category/Disease Category A claims in 2019. In determining the amount of reasonably anticipated MAC Company Category/Disease Category B claims for 2019, the Trustees shall consider all available information, including, but not limited to, (i) the amount forecast by the Trust’s estimation expert as the dollar amount necessary to pay 2019 MAC Company Category/Disease Category B Claims pursuant to the TDP and the Trust’s regular procedures and/or (ii) the dollar amount calculated by the Trust as necessary to pay MAC Company Category/Disease Category B claims pursuant to the TDP and the Trust’s regular procedures based upon the claims submitted that the Trust anticipates will be ready for payment in 2019.