§ 29-34-701. Short Title
This part shall be known and may be cited as the “Asbestos Claims Priorities Act”.
§ 29-34-702. Part Definitions
As used in this part: “AMA Guides to the Evaluation of Permanent Impairment” means the American Medical Association’s Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this part; “Asbestos” has the same meaning as defined in § […]
§ 29-34-703. Medical Report — Evidence Requirements — Class Actions
A plaintiff in an asbestos action alleging a nonmalignant condition shall file within ninety (90) days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this […]
§ 29-34-704. Prerequisite of Prima Facie Showing
No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include a […]
§ 29-34-705. Requirements for Medical Examinations and Testing
Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall: Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA’s Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of […]
§ 29-34-706. Prima Facie Showing — Discovery — Consolidation of Actions for Trial
Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant. No evidence shall be offered at trial regarding, and the jury shall not be informed of: The […]
§ 29-34-707. Limitations Period
With respect to an asbestos action not barred by limitations as of July 1, 2016, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date: The exposed person received a medical diagnosis of an asbestos-related impairment; The exposed person discovered facts that […]
§ 29-34-708. Qualified Physician for Purposes of Report — Findings Required
The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under § 29-34-702(24)(B) to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties […]
§ 29-34-709. Applicability of Part
This part shall apply to all asbestos actions that are filed on or after July 1, 2016.