Section 686B.1 – Title.

686B.1 Title. This chapter shall be known and may be cited as the “Asbestos and Silica Claims Priorities Act”. 2017 Acts, ch 11, §10

Section 686B.2 – Definitions.

686B.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “AMA guides” 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 chapter. 2. “Asbestos” means the same as defined […]

Section 686B.3 – Filing claims — establishment of prima facie case — individual actions to be filed.

686B.3 Filing claims — establishment of prima facie case — individual actions to be filed. 1. A plaintiff in an asbestos action involving a nonmalignant condition or a silica action involving silicosis shall file with the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed under oath by a qualified physician […]

Section 686B.4 – Asbestos claims involving nonmalignant conditions — elements of proof.

686B.4 Asbestos claims involving nonmalignant conditions — elements of proof. An asbestos action involving a nonmalignant condition shall not 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 prima facie showing shall be made as […]

Section 686B.5 – Silica claims involving silicosis — elements of proof.

686B.5 Silica claims involving silicosis — elements of proof. A silica action involving silicosis shall not be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which exposure to silica was a substantial contributing factor. The prima facie showing shall be made as to each […]

Section 686B.6 – Evidence of physical impairment.

686B.6 Evidence of physical impairment. Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in an action governed by this chapter, must satisfy all of the following requirements: 1. The evidence must comply with the quality controls, equipment requirements, methods of calibration, and techniques set forth in the AMA guides and […]

Section 686B.7 – Procedures — limitation.

686B.7 Procedures — limitation. 1. Evidence relating to the prima facie showings required under this chapter shall not create any presumption that the exposed person has an asbestos-related or silica-related injury or impairment, and shall not be conclusive as to the liability of any defendant. 2. No evidence shall be offered at trial, and the […]

Section 686B.8 – Statute of limitations — two-disease rule.

686B.8 Statute of limitations — two-disease rule. 1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person’s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following: a. The exposed person received a […]

Section 686B.9 – Application.

686B.9 Application. 1. This chapter applies to all asbestos actions and silica actions filed on or after July 1, 2017. 2. This chapter applies to all pending asbestos actions and silica actions in which trial has not commenced as of July 1, 2017, unless the court finds that the application of a provision in this […]