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Frequently Asked Questions

Answers

What silica-related diseases are covered by the Trust?

Simple Silicosis, Severe Silicosis, Lung Cancer with underlying Silicosis, Complicated Silicosis. Back

Will the Trust allow claims for mixed dust disease or mixed dust pneumoconiosis?

The Trust will only allow claims for mixed dust disease or mixed dust pneumoconiosis if the claimant has a diagnosis of Silicosis. Back

If I filed a claim in the Global Industrial Technologies, Inc. Chapter 11 case, do I need to file a claim with the APG Silica Trust in order to receive a payment?

Yes, under the GIT Plan, claimants with a claim for a silica-related disease were not given any monetary award, but were given the right to file a claim with the APG Silica Trust. The claim must meet the criteria for a Type 1, Type 2 or Type 3 Claim to receive an allowance of the claim from the Trust. There is no automatic allowance or payment by the Trust to any claimant. Back

If I was a plaintiff in a lawsuit against A.P. Green Refractories or Global Industrial Technologies, Inc. prior to the filing of the Chapter 11 case on February 14, 2002, do I need to file a claim with the APG Silica Trust in order to receive a payment?

Yes, under the GIT Plan, claimants with a claim for a silica-related disease, including those who previously filed suit on their claims, were not given any monetary award, but were given the right to file a claim with the APG Silica Trust. The claim must meet the criteria for a Type 1, Type 2 or Type 3 Claim to receive an allowance of the claim from the Trust. There is no automatic allowance or payment by the Trust to any claimant. Back

Do I have to provide medical evidence of my silica-related disease to the Trust?

Yes, the Trust Distribution Procedures (“TDP”) identify the medical evidence and the diagnosis that must be provided to the Trust for allowance of a Type 1, Type 2 or Type 3 Claim. Back

Do I have to provide the Trust with proof of exposure to silica-containing products?

The APG Entities made and sold silica-containing refractory products which were used in a variety of industries listed in the TDP. Claimants filing a Type 1 Claim must prove a minimum of six months’ exposure in one of those industries. Claimants filing a Type 2 Claim must prove a minimum of six months’ exposure in one of those industries as well as a minimum of six months’ exposure in one or more of the occupations listed in the TDP that involve an increased exposure to refractory products. The exposure must have been at least ten years prior to the date of initial diagnosis of a silica-related disease. Claimants filing a Type 3 Claim do not need to prove exposure and only need to meet the medical criteria for one or more of the silica-related diseases listed in the TDP. Back

How can I prove exposure in an industry or occupation?

The TDP provides alternative means for proving exposure in an industry or occupation, including social security records and third-party affidavits. Back

What is the last date of exposure that will support a Claim against the Trust?

Initial exposure must have occurred on or prior to February 14, 2002 to support a Claim against the Trust. Back

What is a Convenience Class Claim, and am I eligible to file one?

A Convenience Class Claim is a Type 3 Claim as discussed above. To file a Convenience Class Claim, you must have cast a ballot for or against approval of the GIT Plan and elected Convenience Class treatment on the ballot. The Trust has a list of those eligible to file a Type 3 Claim and will not consider Type 3 Claims for anyone not on the list. Anyone who did elect Convenience Class treatment on his or her ballot is not limited to filing a Type 3 Claim and can file a Type 1 or Type 2 Claim instead of a Type 3 Claim. Back

How will Convenience Class Claims be paid?

See the response to question #16 below. Claim as discussed above. To file a Convenience Class Claim, you must have cast a ballot for or against approval of the GIT Plan and elected Convenience Class treatment on the ballot. The Trust has a list of those eligible to file a Type 3 Claim and will not consider Type 3 Claims for anyone not on the list. Anyone who did elect Convenience Class treatment on his or her ballot is not limited to filing a Type 3 Claim and can file a Type 1 or Type 2 Claim instead of a Type 3 Claim. Back

Can I meet the exposure requirements if my only exposure to silica products was a sandblaster?

The GIT Entities made and sold silica-containing refractory products and did not make or sell any sandblasting products or materials. As a result, you cannot satisfy the Trust’s exposure requirements if your only exposure was to sandblasting operations, unless your exposure was in a foundry or other setting where refractory products were used. In that case, you could be eligible for a limited recovery for a Type 1 or Type 2 claim as provided in the TDP. Back

Does the Trust have responsibility for workers’ compensation claims against the GIT Entities?

No, the Trust does not pay workers’ compensation claims against the GIT Entities, except in the limited circumstances provided in the TDP. Back

How can I file a claim?

Claimants can obtain claims materials and other important documents from the Trust’s website (www.apgsilicatrust.org) or from Trust Services, Inc. as explained in the Notice of Acceptance of Claims Filings dated December 4, 2013 (the “Notice”). A claim form was delivered with each copy of the Notice and is available on the Trust’s website. Claims may be filed electronically, by facsimile, by overnight delivery or by mail. Back

Is there a deadline for filing my claim?

Yes. If your silica-related disease was first diagnosed before February 14, 2002 and the applicable statute of limitations had not expired by that date, you must file your claim on or before December 31, 2014, or it will be barred. If your silica-related disease was first diagnosed after February 14, 2002, you must file your claim by the later of December 31, 2016 or the date that is three years following the date of first diagnosis. The applicable statute of limitations is the one that was in effect in the Claimant’s Jurisdiction on February 14, 2002. The TDP contains a definition of the “Claimant’s Jurisdiction.” Back

Once I file a claim, how long will it take for me to hear from the Trust?

The Trust will process claims on a first-in, first-out basis. The Trust anticipates an initial filing of thousands of claims, so it may take several months before you hear from the Trust. If your claim is incomplete or there are other deficiencies in your filing, the Trust will notify you of the deficiencies as provided by the TDP, and you will have an opportunity to cure the deficiencies. Back

If the Trust allows my claim, what will be the value of the claim and how much will I receive?

The value of an allowed claim (its “Allowed Liquidated Value” or “ALV”) will vary by disease and with other factors that are included in the information you provide in the claim form. The TDP sets forth scheduled and maximum values by disease for Type 1 and Type 2 Claims. Type 3 Claims have an ALV of $1,000. The amount paid will be the ALV for the allowed claim multiplied by the applicable Payment Percentage. The Payment Percentage is set by the Trustee with the consent of the APG Silica TAC and the APG Silica Future Claims Representative. It is a percentage that is intended to provide equal treatment to all claimants over the life of the Trust. It is not anticipated that the Trust will have enough funding to pay all claims in full. The initial Payment Percentage has been set at 20%. It may be increased or decreased in the future, and if it is increased, claimants who have already received their payments will receive catch-up payments to the new percentage as provided in the TDP. Type 3 Claims will not be paid unless and until the Payment Percentage reaches 50%, and when they are paid, the $1,000 ALV will be multiplied by the Payment Percentage to determine the payment amount. Back

Why will the Trust report payments to me to the Centers for Medicare & Medicaid Services of the United States Department of Health and Human Services (“CMS”)? What is the effect of reporting those payments?

If you have received Medicare or Medicaid benefits related to your silica-related disease, CMS is entitled to recover those benefits from any payments the Trust makes to you. The Trust is contractually obligated to report the payments to CMS, and you will be obligated to resolve CMS’s claim out of the payments you receive if their claim has not been previously resolved or released. Back

Will the Trust report payments to me if I do not claim exposure to silica-containing refractory products after December 5, 1980?

The MMSEA Section 111 User Guide provides limited circumstances in which reporting is not required for payments of claims based on exposures that ended before December 5, 1980. However, reporting is required if there is a release for exposures after that date, whether or not they are claimed by the Claimant. The Trust is responsible for claims arising from exposures on or before February 14, 2002, so the release the Trust will obtain from Claimants will include a release for exposures on or after December 5, 1980, and those payments will be reported by the Trust if CMS’s claim has not been previously resolved or released. Back

What payment amount will be reported to CMS and how will it be reported?

The Trust is required to report on behalf of all insurers who settled policy claims and contributed cash amounts to the Trust, as well as on behalf of the GIT Entities. Only the amount the Trust pays to you or your attorney on your behalf (the ALV multiplied by the Payment Percentage) will be reported, but it will be reported under the reporting number of each settling insurer and each of the GIT Entities. Therefore, the same amount will be reported multiple times as multiple payments to you, and you may need to explain the multiple reporting to CMS if you have a claim to resolve with CMS. Back

If there is an increase in the Payment Percentage and I receive an additional payment, will that additional payment also be reported to CMS?

Yes. Only the amount the Trust pays to you or your attorney on your behalf will be reported, not the amount of the entire ALV, so subsequent payments as a result of increases in the Payment Percentage will also be reported unless CMS’s claim has been previously resolved or released. Back