Disclosure Statements

The following Disclosure Statements contain information directly bearing on the operation of the APG Silica Trust (the “Trust”) and the submission and review of claims. All policies and procedures are based on the provisions of the Trust Distribution Procedures ("TDP"). A copy of the TDP is available on this website or by contacting the Trust at P.O. Box 1299, Greenville, Texas, 75403. All capitalized terms below have the meaning as defined in the confirmed Plan and Plan Documents.

These Disclosure Statements are provided in the interest of fair and open communication with claimants and claimants' counsel. If these Disclosure Statements are determined to conflict with or contradict provisions of the confirmed Plan or Plan documents, including the TDP, those documents shall prevail over these Disclosure Statements.

Privacy Policy

All claim form submissions to the Trust shall be deemed to be part of a settlement discussion, and, to the extent permitted by law, shall be kept confidential by the Trust and shall not be admissible or discoverable in any court proceeding not directly related to the claim submitted.

Document Retention

All documents submitted to the Trust are converted to electronic images and subsequently destroyed according to the Trust's Document Retention Policies and Procedures. Injured Party's legal counsel and Pro Se claimants are cautioned against sending any original evidentiary documents other than those documents that may require an original signature. Documents will not be returned to the claimant or claimant's counsel.

Exigent Claims

The Trust shall give priority in processing to Exigent claims that include only those cases where the claimant's circumstances require priority resolution of the claim. All requests for Exigent claim treatment must be made in writing to the Trust with medical or other documentation to support the request.

Extraordinary Claims

A silica claimant who is a Type 2 claimant may request in writing treatment as an Extraordinary claimant. The Trustee, may, at her discretion, designate a limited number of claims as extraordinary claims ("Extraordinary claims"). In determining whether to classify a claim as an Extraordinary claim, the Trustee shall consider the assets available to the Trust and all relevant evidence including, but not limited to - the age and number of the claimant's dependents; economic factors such as unusually high wage loss; evidence that no other factors, such as use of tobacco, contributed to the claimant's condition; or evidence of an unusually high level of exposure to APG silica-containing refractory products.

A request for consideration as an Extraordinary claim must be made in writing to the Trust. A brief, not to exceed five (5) pages, and relevant supporting documentation may be submitted with the request for consideration by the Extraordinary Claims Review Panel.

Verification

To file claims with the Trust, a law firm must complete the Law Firm Registration Form, which is available at Firm Registration, or by contacting the APG Silica Trust at P.O. Box 1299, Greenville, Texas, 75403. After submission of the Law Firm Registration Form, the Trust will take such actions as it, in its sole discretion, deems appropriate to verify that the registering law firm has provided correct information, and is entitled to submit claims to the Trust on behalf of claimants. The Trust will not process any claims submitted by a registering firm until such information has been verified.