Individual Review (IR) Settlement Offers
For claims that (I) fail to meet the presumptive medical and exposure criteria for Disease Level I, or (ii) have previously been submitted and paid by the Asbestos PI Trust, the Silica PI Trust will deny the claim, or, if satisfied that the claim would be cognizable and valid in the tort system, offer an amount up to the Scheduled Value for the Disease Level. Claimants holding claims in Disease Levels II – IV are eligible to seek IR review. Since the IR process is intended to result in offers equal to the full liquidated value for each claim, a claimant may be offered an amount that exceeds or is less than the Scheduled Value.
The value for a claim involving a Disease Level II – IV will not exceed the Maximum Values indicated below unless the claim meets requirements of an Extraordinary Claim as described in Section 4.4(a) in the TDP.
Valid IR claims will be paid the following Scheduled Values, multiplied by the Payment Percentage that is effective at the time of liquidation:
TDP Scheduled and Maximum Values for Non-HW Claims
TDP Scheduled and Maximum Values for Non-HW Claims Category Scheduled Disease Non-HW Scheduled Value Non-HW Maximum Value
IV Complex Silicosis $11,555 $17,176
III Lung Cancer $5,330 $17,176
II Severe Silicosis $3,500 $18,137
I Silicosis $1,258 N/A
TDP Scheduled and Maximum Values for HW Claims
TDP Scheduled and Maximum Values for HW Claims Category Scheduled Disease HW Scheduled Value HW Maximum Value
IV Complex Silicosis $55,796 $82,824
III Lung Cancer $25,737 $82,824
II Severe Silicosis $11,000 $56,863
I Silicosis $3,954 N/A