Asbestos, once hailed for its durability and heat-resistant properties, was widely used in a variety of industrial products during the 20th century. One company that heavily incorporated asbestos into its product lines was the Plibrico Company, a leading manufacturer of refractory materials designed to withstand extreme temperatures.
The Plibrico Company
Plibrico, short for “Plastic Refractories Incorporated,” was founded in 1914 and has specialized in producing refractory products—materials designed to withstand extremely high temperatures. These products are commonly used in industries like steel manufacturing, foundries, cement production, and power plants.
Plibrico’s main offerings include monolithic refractories, castable refractories, and various other products used to line furnaces, kilns, incinerators, and reactors, ensuring that these structures can handle the intense heat of industrial processes without damage.
Why Was Asbestos Used by Plibrico?
In the early to mid-20th century, asbestos was widely used in the refractory industry because of its durability, heat resistance, and insulating properties. Plibrico incorporated asbestos into several of its products, marketed under brand names such as Pliseal, Plicast, and Plisulate. These products were primarily used in high-temperature industrial environments.
While asbestos was highly valued for its industrial properties, it was later found to be extremely hazardous to human health. Prolonged exposure to asbestos fibers, especially in industries like construction and manufacturing, can lead to serious illnesses such as mesothelioma, asbestosis, and lung cancer.
Plibrico produced asbestos-containing refractory materials, like cement, bricks, and linings for high-temperature equipment. Workers handling these products – either in manufacturing, installation, or maintenance – were at risk of inhaling asbestos fibers.
Asbestos Lawsuits Against Plibrico
As scientific understanding of asbestos-related health risks grew, Plibrico faced increasing litigation from workers who had been exposed to their asbestos-containing products and subsequently developed health issues. These lawsuits primarily came from industrial workers in sectors that used refractory materials extensively.
In 2002, faced with mounting lawsuits related to asbestos exposure, The Plibrico Company filed for Chapter 11 bankruptcy protection. This allowed the company to reorganize its assets and liabilities, ultimately leading to the establishment of the Plibrico Asbestos Trust in 2006. The trust was designed to compensate individuals who had been harmed by asbestos exposure from Plibrico’s products.
What is the Plibrico Asbestos Trust?
The Plibrico Asbestos Trust was established as part of the company’s bankruptcy settlement, following federal guidelines for asbestos-related bankruptcies. The purpose of the trust is to compensate individuals who have suffered from illnesses due to asbestos exposure related to Plibrico products.
Who Can Make a Claim?
People who have developed an asbestos-related illness after being exposed to Plibrico products may file a claim with the trust. The trust has a set of criteria that claimants must meet, which typically include demonstrating exposure to the company’s products and providing medical evidence of an asbestos-related disease.
Presumed Significant Occupational Exposure Industry & Occupation Pairings
The “Presumed Significant Occupational Exposure Industry & Occupation Pairings” list refers to a comprehensive list of job roles (occupations) and industries in which individuals are presumed to have had significant exposure to asbestos, based on historical usage and conditions in those environments. In this context, “significant occupational exposure” means that people working in these specific occupations and industries are considered likely to have come into direct or indirect contact with asbestos at levels that could lead to asbestos-related diseases.
For claims purposes, individuals whose occupation and industry are on this list are “presumed” to have been exposed to asbestos, which means that they may not need to provide specific proof of exposure. Their work history alone, if it matches the pairings on the list, may be sufficient to satisfy the requirement of proving asbestos exposure.
This presumption of exposure helps to expedite claims and reduces the burden on claimants to gather extensive work records or testimonials that would otherwise be necessary to prove exposure.
Trust Policy on Doctors and Screening Companies
Section 5.6(a)(2) of the Trust Distribution Procedures states: “Before making any payment to a claimant, the Asbestos Trust must have reasonable confidence that the medical evidence provided in support of the claim is competent medical evidence of an asbestos-related injury that is credible and consistent with recognized medical standards.”
Based on this, the Trust has reviewed the standards for medical evidence required for claims and has determined that the medical reports from a specific list of doctors and screening companies do not meet the necessary criteria.
Ineligible Doctors
- Dr. James Ballard
- Dr. Kevin Cooper
- Dr. Todd Coulter
- Dr. Andrew Harron
- Dr. Ray Harron
- Dr. Glynn Hilburn
- Dr. Barry Levy
- Dr. George Martindale
- Dr. Gregory Nayden
- Dr. W. Allen Oaks
Ineligible Screening Companies
- Netherland & Mason, Inc.
- Respiratory Testing Services, Inc.
- Occupational Diagnostics.
As a result, the Trust has decided not to process any claims that rely on medical evidence provided by the listed doctors and screening companies. This means that if a claimant submits a claim with medical reports from these sources, their claim will not be processed until they provide acceptable medical evidence from other doctors or companies.
How Does the Plibrico Asbestos Trust Work?
The claim process typically involves submitting documentation of exposure and diagnosis, after which the trust evaluates the claim based on a predetermined compensation schedule. Claimants can often choose between an expedited review, where compensation is based on fixed payment amounts, or an individual review, where compensation is determined based on the specifics of the case.
Claim Filing Fee
Starting on October 1, 2024, every claimant must pay a $52 fee for each claim they submit to the Trust. This fee is necessary to cover administrative costs associated with processing claims.
The Trust will not begin processing any claim unless this $52 filing fee has been paid. This means that until the fee is received, the claim will not move forward through any of the Trust’s usual processing steps.
The claim will also not be placed in the FIFO (First In, First Out) Processing Queue, which is a system used to handle claims in the order they are received. Essentially, claims that haven’t had their fee paid won’t even enter the queue, delaying their potential settlement.
Claimants have 30 days from the time the Trust receives the claim to submit the required $52 fee. If the payment is not made within this 30-day window, the claim will not be considered officially filed.
The statute of limitations refers to the legal deadline for filing a lawsuit or claim. Filing a claim with the Trust usually “tolls” (pauses) the statute of limitations, preventing the time limit for filing a claim from expiring while the Trust processes the claim.
If the filing fee is not paid within 30 days, the claim will not toll the statute of limitations. This means that the clock continues to run on the claimant’s legal time limit to file, and if the statute of limitations expires, they could lose their legal right to pursue compensation.
Payment Percentages and Trust Funding
The trust is funded by the assets of the Plibrico Company, and these funds are designated for the payment of asbestos-related claims. Since asbestos-related illnesses often have long latency periods, these trusts are structured to ensure that funds remain available to compensate both current and future claimants.
The amount of compensation depends on the severity of the illness and the individual’s exposure level.
Like other asbestos trusts, the Plibrico Asbestos Trust has a scheduled payment percentage, which is a fraction of the full value of the claim. This ensures that there will be enough funds to pay all current and future claims.
The trust regularly reviews its finances to maintain its ability to pay claims over time. Effective October 1, 2024, the Trustee of the Plibrico 524(g) Asbestos Trust (the “Trust”) will
decrease the payment percentage from 1.21% to 0.94%.
Reach Out For Your Free Consultation Today
If you or a loved one were exposed to asbestos through Plibrico products and have been diagnosed with an asbestos-related illness, you may be entitled to compensation through the Plibrico Asbestos Trust. Don’t wait – take action today! Contact Bailey Glasser for a free consultation by calling (866) 871-7971, or fill out our online form to discuss your potential claim. Our experienced legal team is here to help you navigate the process and fight for the compensation you deserve. Reach out now to explore your options!
