Terms Used In Utah Code > Title 78B > Chapter 6 > Part 24 - Asbestos Litigation Requirements

• AMA guides: means the edition of the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Asbestos: means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C. See Utah Code 78B-6-2401
• Asbestos action: means a claim for damages or other civil or equitable relief presented in a civil action resulting from, based on, or related to:

  (i)	the health effects of exposure to asbestos, including: (A)  loss of consortium; (B)  wrongful death; (C)  mental or emotional injury; (D)  risk or fear of disease or other injury; and (E)  costs of medical monitoring or surveillance; and

  (ii)

  any other derivative claim made by or on behalf of an individual exposed to asbestos or a representative, spouse, parent, child, or other relative of that individual. See Utah Code 78B-6-2401 Asbestos trust: means a: (a)  government-approved or court-approved trust that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (b)  qualified settlement fund that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (c)  compensation fund or claims facility created as a result of an administrative or legal action that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; (d)  court-approved bankruptcy that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos or asbestos-containing products; or (e)  plan of reorganization or trust pursuant to 11 U. See Utah Code 78B-6-2401 Asbestosis: means bilateral diffuse interstitial fibrosis of the lungs caused by the inhalation of asbestos fibers. See Utah Code 78B-6-2401 ATS testing standards: means the official technical statements from the American Thoracic Society for pulmonary function testing in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. Board-certified physician in internal medicine: means a licensed physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401 Board-certified physician in occupational medicine: means a licensed physician who is certified in the specialty of: (a)  occupational medicine by the American Board of Preventative Medicine; or (b)  occupational and environmental medicine by the American Osteopathic Board of Preventative Medicine. See Utah Code 78B-6-2401 Board-certified physician in pathology: means a licensed physician: (a)  who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology; and (b)  whose professional practice is principally in the field of pathology involving regular evaluation of pathology materials obtained from surgical or postmortem specimens. See Utah Code 78B-6-2401 Board-certified physician in pulmonary medicine: means a licensed physician who is certified in the specialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine. See Utah Code 78B-6-2401 Chest x-ray: means a chest film taken in accordance with applicable state and federal laws and taken in the posterior-anterior view. See Utah Code 78B-6-2401 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exposed individual: means an individual whose exposure to asbestos is the basis for the asbestos action. See Utah Code 78B-6-2401 FVC: means the maximal volume of air expired with maximum effort from a position of full inspiration. See Utah Code 78B-6-2401 ILO system: means the system for the classification of chest x-rays provided in the International Labour Office's Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect at the time of the performance of an examination or test on an exposed individual. See Utah Code 78B-6-2401 Law firm: means a person that employs a lawyer. See Utah Code 78B-6-2401 Lawyer: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 78B-6-2401 Nonmalignant condition: means a condition that may be caused by asbestos other than a diagnosed cancer. See Utah Code 78B-6-2401 Pathological evidence of asbestosis: means a statement by a board-certified physician in pathology that more than one representative section of lung tissue demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies and there is no other more likely explanation for the presence of the fibrosis. See Utah Code 78B-6-2401 Person: means :Utah Code 68-3-12.5 Plaintiff: means : (a)  the person bringing the asbestos action, including a personal representative if the asbestos action is brought by an estate; or (b)  a conservator or next friend if the asbestos action is brought on behalf of a minor or legally incapacitated individual. See Utah Code 78B-6-2401 Plaintiff: The person who files the complaint in a civil lawsuit. Plethysmography: means the test for determining lung volume in which the exposed individual is enclosed in a chamber equipped to measure pressure, flow, or volume change. See Utah Code 78B-6-2401 Predicted lower limit of normal: means the fifth percentile of healthy populations based on age, height, and gender as referenced in the AMA guides. See Utah Code 78B-6-2401 Pulmonary function testing: means spirometry, lung volume testing, and diffusion capacity testing, including appropriate measurements, quality control data, and graphs, that are performed in accordance with the methods of calibration and techniques provided in the AMA guides and the ATS testing standards in effect at the time of the performance of a test on an exposed individual. See Utah Code 78B-6-2401 Qualified physician: means a licensed physician who: (a)  is a board-certified physician in internal medicine, a board-certified physician in occupational medicine, a board-certified physician in pathology, or a board-certified physician in pulmonary medicine, as is appropriate to the diagnostic specialty in question; (b)  (i)  conducted a physical examination of the exposed individual and took a detailed occupational, exposure, medical, smoking, and social history from the exposed individual; or (ii)  if the exposed individual is deceased, reviewed the pathology material and took a detailed history from the individual most knowledgeable about the information forming the basis of the asbestos action; (c)  (i)  treated the exposed individual and had a physician-patient relationship with the exposed individual at the time of the physical examination; or (ii)  if the licensed physician is a board-certified physician in pathology, examined tissue samples or pathological slides of the exposed individual; (d)  prepared or directly supervised the preparation and final review of a medical report under this part; and (e)  has not relied on any examinations, tests, radiographs, reports, or opinions of a doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed individual in violation of a law, regulation, licensing requirement, or medical ethics requirement of the state in which the examination, test, radiograph, or screening of the exposed individual was conducted. See Utah Code 78B-6-2401 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Spirometry: means a test of air capacity of the lung through a spirometer that measures the volume of air inspired and expired. See Utah Code 78B-6-2401 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Supporting test results: means a report by a certified B reader, x-ray examinations, diagnostic imaging of the chest, pathology reports, pulmonary function testing, and other tests, which are reviewed by the diagnosing physician or qualified physician in reaching the physician's conclusions. See Utah Code 78B-6-2401 Sworn declaration: means the same as that term is defined in Section 78B-18a-102. See Utah Code 78B-6-2401 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Timed gas dilution: means a method for measuring total lung capacity in which the individual breaths into a spirometer containing a known concentration of an inert and insoluble gas for a specific time and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer. See Utah Code 78B-6-2401 Total lung capacity: means the volume of gas contained in the lungs at the end of the maximal inspiration. See Utah Code 78B-6-2401 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust claims materials: means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including: (a)  claims forms and supplementary materials; (b)  affidavits; (c)  depositions and trial testimony; (d)  work history; (e)  medical and health records; (f)  documents reflecting the status of a claim against an asbestos trust; and (g)  all documents relating to the settlement of the trust claim if the trust claim has settled. See Utah Code 78B-6-2401 Trust governance documents: means all documents that relate to eligibility and payment levels, including: (a)  claims payment matrices; and (b)  trust distribution procedures or plans for reorganization for an asbestos trust. See Utah Code 78B-6-2401 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Veterans benefits: means a program for benefits in connection with military service administered by the United States Department of Veterans Affairs under United States Code, Title 38, Veterans Benefits. See Utah Code 78B-6-2401