S.Amdt. 2820

SA 2820. Mr. KENNEDY submitted an amendment intended to be proposed to amendment SA 2746 proposed by Mr. Frist (for Mr. Specter (for himself and Mr. Leahy)) to the bill S. 852, to create a fair and efficient system to resolve claims of victims for bodily injury caused by asbestos exposure, and for other purposes; which was ordered to lie on the table; as follows:

On page 130, add after line 21 the following:

Subtitle E--Controlling Level and Awards Provisions SEC. 141. LEVEL AND AWARDS PROVISIONS.

(a) References to Levels.--Notwithstanding any other provision of this Act, any reference to Level VII, VIII, or IX in this Act (other than this subtitle) shall be deemed a reference to Level VIII, IX, or X, respectively, as provided under this subtitle.

(b) Malignant Level VII.--

(1) In general.--Notwithstanding any other provision of this Act, to receive Level VII compensation a claimant shall provide--

(A) a diagnosis of a primary lung cancer disease on the basis of findings by a board certified pathologist;

(B) evidence of 15 or more weighted years of substantial occupational exposure to asbestos; and

(C) supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question.

(2) Physicians panel.--Notwithstanding any other provision of this Act, all claims filed relating to Level VII under this paragraph shall be referred to a Physicians Panel for a determination on the amount of award. In making its determination under this subparagraph, the Physicians Panel shall consider the intensity and duration of exposure, smoking history, and the quality of evidence relating to exposure and smoking. Claimants shall bear the burden of producing meaningful and credible evidence of their smoking history as part of their claim submission.

(c) Awards.--Notwithstanding section 131 of this Act (or any other provision of this Act) the benefits table under subsection (b)(1) of that section shall be administered as follows:

Level Scheduled condition or disease Scheduled value

.................................... ............................................................ I Asbestosis/Pleural Disease A Medical Monitoring II Mixed Disease With Impairment $32,000 III Asbestosis/Pleural Disease B $100,000 IV Severe Asbestosis $400,000 V Disabling Asbestosis $850,000 VI Other Cancer $200,000 VII Lung Cancer One individual evaluation; smokers, $75,000; ex-smokers, $200,000; non-smokers, $625,000 VIII Lung Cancer With Pleural Disease smokers, $300,000; ex-smokers, $725,000; non-smokers, $800,000 IX Lung Cancer With Asbestosis smokers, $600,000; ex-smokers, $975,000; non-smokers, $1,100,000 X Mesothelioma $1,100,000