Welcome to the J. T. Thorpe Settlement Trust

Welcome!

On this site you will find information related to claims and claim submission, documents available for download, and pertinent notifications.
Please click this link to go directly to the Trust Documents page

Headquarters:  J.T. Thorpe Settlement Trust
                           300 East Second Street, Suite 1205
                           Reno, Nevada 89501
                           (775) 324-5511
   
Notices: Click here to get on our eMail Notification list


 

Notices:

Increase in Base Case for Economic and Medical Loss

Posted 11/09/17

At the October Trustee Meeting, a resolution was passed by the Trustees, with the consent of the TAC and Futures Representative that the base case for Medical and Economic loss will be indexed for all pending and futures claims, and that the index will be revised annually based upon the prior year's Economic and Medical Care CPI.

 

The new indexed base cases values for 2017 are as follows:

 

New Economic Loss Base Case $238,820

New Medical Loss Base Case $265,764

Possible Increase in Base Case for Economic and Medical Loss

Posted 09/26/17

This notice applies to all Trust claim filers and those who intend to file claims with the J.T. Thorpe Settlement Trust.  The Trustees, with consent from the Trust Advisory Committee and Futures Representative, have determined that all claims submitted to the Trust after September 22, 2017, may be subject to adjustments in the economic and medical loss base case based upon generally accepted indicies because of inflation.

Annual Report

Posted 04/27/17

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust’s Eleventh Annual Report and Accounting is scheduled for Wednesday, June 7, 2017 at 2:00 p.m. before the Chief United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1539.

Annual Report

Posted 04/28/16

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust’s Tenth Annual Report and Accounting is scheduled for Wednesday, June 8, 2016 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, 14th Floor, Los Angeles, California 90012 in Courtroom 1475.

Timing of Requests for Consideration at Trustees' Meetings

Posted 03/04/16

Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the September 2016 Trustees' meeting must be received by the Trust on or before Friday, August 5, 2016.

The schedule for requests to be considered at future Trustees' meetings is as follows:

          Trustees' Meeting         Deadline for Requests

          November 2016             Friday, October 7, 2016

          February 2017               Friday, January 6, 2017

          April 2017                       Friday, March 10, 2017

          September 2017              Friday. August 11, 2017

          November 2017              Friday, October 6, 2017 

New Web Based Claim System

Posted 07/22/15

The Trust is pleased to announce the ability to now submit claims in its new Web based claims processing system. Please refer to the User’s Guide for assistance in submitting claims electronically.

System URL -- https://trust.524gtrust.com

Of significance, the procedures for the following items are different from the Trust’s prior system. Each item is described in detail in the User’s Guide and if you need additional information, please contact the Trust.

  • Filing Fees: A filing fee is required prior to a claim being eligible for review. To avoid a delay in processing, it is important to maintain sufficient filing fees in each Trust.  Once you have submitted a claim, you will need to apply a filing fee to that claim under the filing fee tab. If you submit a claim without applying a filing fee, the status of the claim will be incomplete. A claim will receive a deficiency notice if a filing fee is not applied within seven days.
  • Submitting claims:  Each firm that anticipates using the Web based claims processing system will need to have a Law Firm Registration and a signed Electronic Filer Agreement on file for each Trust. You should have received both of these documents at the beginning of the month. If your firm has already returned both documents, you will receive an email with your user name and temporary password. The Trust only sets up the attorney and administrator for each Trust account.  The administrator of each firm account will need to set up its own internal users.  If your law firm did not receive the Law Firm Registration and the Electronic Filer Agreement, please let us know. If you have received those documents, but have not returned them to the Trust, please do so at your earliest convenience as it will delay your ability to submit claims through the Web based system.
  • Offers and Releases:  The new system has the ability for the approved release to be downloaded for each claimant when the claim has been approved and notice has been given to the firm.  The last page of the release will include the list of the multipliers used to value the claim. If the injured party agrees to accept the offer, you will still be required to return the original signed release to each individual Trust.

New Web Based Claim System

Posted 05/13/15

As you may have been previously notified, the Trusts have been working to develop a new claim processing system which will allow for Web based claim submissions. The new web based system is nearing its first completion date where the Trusts can begin accepting new claims and resubmission of current pending claims.  The Trusts wanted to notify all filers of some important upcoming dates. If these dates change dramatically, you will be notified and the new dates will be posted on each Trust’s Web site.

Important Dates

 

June 22, 2015 is the last day the Trusts will be able to process claim offers, releases and payments in the current claim processing system. Please send all signed releases to each of the Trusts before this date. If, for some reason, releases are not received by this date, the releases will be processed in the new system which will mean an approximate six week delay.

 

 June 26, 2015 is the last day you may submit new claims or resubmit claims through the existing site to the existing system. At 5:00 p.m. Pacific Daylight Savings Time on Friday, the Trusts will close access to the existing claim processing system for all submitting firms. However, if you have a claim that has a potential statute of limitations issue, please submit your claim to the appropriate Trust in  paper format to the following address:

   

                Attn:  Laura Paul

                Claims Manager

                300 East Second Street, Suite 1410

                Reno, Nevada 89501

 

Please note that between June 26, 2015 and July 20, 2015 firms may submit paper claims if they so choose.

 

June 29, 2015 Prior to this date, the Trusts will send out firm reports which will include the status of all the claims submitted by your firm. Once you receive the reports, we ask that you immediately compare your firm report to your database and let us know if any claim is not accounted for within the report you receive.

 

July 13, 2015 the Trust staff will begin data entry on the Trust side of the new system.  If your firm has not previously worked with and/or filed claims with a Web based system and  is interested in training, please let us know. Once we begin to accept claims we will set up go-to-meetings for individual firm training.

 

July 20, 2015 is the day the Trusts plan to begin accepting new claims and resubmissions of pending claims in the new system.

 

August 2015 the Trusts are planning on making claim payments within the first few weeks of August for releases received after June 22, 2015.

 

The Trusts appreciate all your patience and assistance as we change our filing system.  We believe and hope that the changes will allow each firm to view its claims online, as well as run reports concerning claims.

 

Please feel free to contact Laura Paul directly concerning claims, dates or any other concerns you may have with claim processing. The Trusts will continue to notify each firm as we get closer to July 20, 2015.

Annual Report

Posted 04/30/15

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust’s Ninth Annual Report and Accounting is scheduled for Wednesday, June 3, 2015 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.

Timing of Requests for Consideration at September 2015 Trustees' Meeting

Posted 04/17/15

Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the September 2015 Trustees' meeting must be received by the Trust on or before Monday, August 10, 2015.

Compliance with Court Order

Posted 03/06/15

The following notification was sent on this date to firms which submit, and may in the future submit, claims to the Trust.

On behalf of the Western Asbestos Settlement Trust, J.T. Thorpe Settlement Trust, Thorpe Insulation Settlement Trust, and the Plant Asbestos Settlement Trust (collectively “Trusts”), we are writing to all attorneys and firms who regularly submit, and may in the future submit, claims to these Trusts to request your cooperation with the Trusts’ ongoing effort to insure that only reliable evidence is provided in support of claims.

As you likely know from the Trusts' websites, issues in litigation concerning Michael J. Mandelbrot and the Mandelbrot Law Firm were reduced to judgment in 2014.  (See the attached copies of the Judgment and some of the related documents.)

In discharging Trust responsibilities to scrutinize all evidence for reliability, and in light of recent information that Mr. Mandelbrot has continued to be actively involved, we are asking that your firm confirm to the Trust that the evidence you are submitting is in compliance with the Court Order, and especially to inform the Trust if and, if so, where Mr. Mandelbrot has been involved in preparation of evidence submitted under oath or affirmation in support of claims. Most specifically, we are reviewing declaration and interrogatory evidence concerning exposure.  If you have questions that you would like to discuss with the Trust, please email or call us.  We are following up at this time informally to determine if further investigation and/or audits will be required.

Update Regarding Submission of Claims

Posted 07/10/14

The Trusts have worked with their information technology professionals to set up new procedures for filing claims electronically.  It is anticipated that between now and the end of July those processes will be put in place.  If you are a current filer of claims with the Trusts, you will receive an email and/or phone call from the Trusts to give you instructions on the new web based filing procedures.

Notice

Posted 05/12/14

The January 23, 2014 stipulation and agreement between the Trust and Michael J. Mandelbrot and the Mandelbrot Law Firm (collectively “Mandelbrot”) requires Mandelbrot to transfer all claims to substitute counsel on or before July 23, 2014.

The Trust will transfer claims filed by Mandelbrot to substitute counsel upon receipt of a written representation from Mandelbrot consenting to the transfer of each affected claim, as well as a written representation from substitute counsel accepting the transfer.

The Trust will transfer claims to counsel providing to the Trust a written representation and warranty that it possesses the client’s authorization to accept the transfer and handle the claim.  To avoid doubt, counsel are encouraged to include copies of pertinent client authorization(s).

Where the representation and warranty does not show it has been copied to Mandelbrot (Michael J. Mandelbrot c/o The Mandelbrot Law Firm, 505 A San Martin Drive, Suite 200, Novato, California 94945), the Trust will promptly forward such representations and warranties to Mandelbrot.  Absent objection supported by reliable evidence of a lack of client authorization, the Trust will modify its records to reflect transfer of claims to the counsel representing and warranting that it possesses client authorization within fifteen days.

UPDATE TO NOTICE TO BENEFICIARIES AND POTENTIAL BENEFICIARIES OF THE J.T. THORPE SETTLEMENT TRUST, THORPE INSULATION COMPANY ASBESTOS SETTLEMENT TRUST, AND WESTERN ASBESTOS SETTLEMENT TRUST REPRESENTED BY MICHAEL J. MANDELBROT:

Posted 05/05/14

The Trusts have received inquiries requesting a copy of the May 24, 2013, letter referred to in the Bankruptcy Court's Findings of Fact and Conclusions of Law entered in the Declaratory Relief Adversary Proceedings filed by the J.T. Thorpe Settlement Trust and the Thorpe Insulation Settlement Trust regarding the Trusts’ conduct in investigating Michael J. Mandelbrot and the Mandelbrot Law Firm.  Based on these requests, the Trusts are posting the May 24, 2013, letter on their Web sites.

Modifications Approved

Posted 05/01/14

Modifications to the Trust Distribution Procedures and Case Valuation Matrix were approved by the Trustees, with the consent of the Futures Representative and Trust Advisory Committee, as follows:

Trust Distribution Procedures

6.2 Content of Claims Materials 

 The Claims Materials shall include a copy of this TDP, such instructions as the Trustees shall approve, and Trust Claim forms.  The Trust Claim forms shall be submitted with supporting documentation in accordance with the relevant criteria as set forth below and in compliance with Section I of the Matrix.  At a minimum, the unliquidated Trust Claim form shall require submission of sufficient information to prove, and any relevant information tending to disprove exposure, disease and damages including: 

                (a)          All relevant information called for in the San Francisco Superior Court General Order 129 Form Interrogatories, Set 1 and Set 2 including the required complete occupational history and identification of other exposures, with the information relevant to exposure used to qualify this claim for the particular category highlighted and the pages tabbed. 

                (b)          If the claimant was involved in any type of asbestos litigation, a complete copy of any litigation interrogatory responses created in support of that claim must be submitted to the Trust regardless of the jurisdiction in which the lawsuit was filed with any information exposures asserted in this claim highlighted and the pages tabbed (or, if applicable, noting that the interrogatories contain no reference to exposures asserted in this claim).  In addition, the claimant who was involved in any type of asbestos litigation must identify all prior depositions of the claimant and produce them upon request. 

                (c)           If the Claimant is utilizing the Trust Approved Interrogatories (set forth on the Trust Web site), portions of litigation interrogatories that were amended after the litigation was concluded or declarations to establish the Trust Claim, the responses and/or declarations must meet the following requirements: 

                                                (i)           The interrogatories and/or declarations must be verified or made  by a person who is competent to testify to the information stated in the interrogatories and/or declarations and the person must have personal direct knowledge of the factual information relevant to the claim and the answers and/or declarations must provide sufficient background information to explain how the person verifying the interrogatories and/or the declarant(s) acquired the personal direct knowledge of factual matters relevant to this claim, to allow the Trust to determine the credibility of the person verifying the interrogatories and/or the declarants; 

                                                (ii)          Where the person lacks personal direct knowledge, the answers and/or declarations must provide sufficient information to explain how, when  and from what sources the person verifying the interrogatories and/or the declarants acquired any indirect knowledge of factual matters relevant to the claim; 

                                                (iii)         The interrogatory responses and/or declarant must provide specifics about the claimant’s (or claimant’s decedent’s) exposure and not use boilerplate wording; 

                                                (iv)         If the person verifying the interrogatories and/or declarants relied upon documents as the basis for the responses given in the interrogatories and/or declarations (i.e. military records, social security records, etc.),  those documents must be specifically identified and  relevant portions of any such documents included in the supporting documents attached to the claim; 

                                                (v)          The truth of the facts asserted in the interrogatories must be affirmed or verified under the penalty of perjury and any declarations must be made under penalty of perjury; 

                                                (vi)         All declarations must be specific to the claim.  In appropriate circumstances, the Trust may accept expert opinions pertaining to issues that are of general application and that are relevant to the specific claimant’s claim. 

                                                (vii)        The Trust shall have the right to interview by phone or in person (always with the participation or presence of claimant’s counsel), anyone who verifies interrogatories, or has provided information to the person verifying the interrogatories or who submits a declaration in support of a claim submitted to the Trust. 

                (d)          Medical records, medical reports and/or death certificates evidencing the claimed disease, with the diagnosis highlighted and the pages tabbed.  For lung cancer and other cancer cases, evidence of markers or other factors which would lead to an upward adjustment under the Matrix will be highlighted and the pages tabbed.  For Grade I claims, evidence of x-ray and PFT values that would lead to an increased award will be highlighted and the pages tabbed. 

                (e)        For Serious Asbestosis claims, evidence to support this categorization will be highlighted and the pages tabbed. 

                (f)        For an Injured Person seeking a multiplier for an economic loss in excess of the base case amount, an economic report of evidence supporting claimed wage/pension/home services loss, with total claimed loss highlighted and the page tabbed.

                (g)        For an Injured Person seeking a multiplier for medical expenses in excess of the base case amount, an affidavit summarizing medical expenses, or submission of medical bills to substantiate the total claimed amount.

                (h)        An endorsed/filed copy of the face page of the complaint or equivalent proof of commencement of litigation if applicable, or alternatively a certification under Section 5.1.

                (i)         Social Security records, front or identifying face page and portions relevant to facts asserted in connection with the claim of deposition transcript(s), union records, railroad records, military records (including leave records), or any other employment records all highlighted and tabbed.  If such records are unavailable, the claimant or representative attorney must explain why such records are unavailable and attest that every reasonable effort has been made to obtain them.

Please see the Second Amendment to and Complete Restatement of Trust Distribution Procedures.

Case Valuation Matrix

VII.  GENERAL CLAIM PROVISIONS

a.                   Minimum and Maximum Values.  All claims after being valued at their respective base case value and any appropriate adjustments are subject to the following minimum and maximum values. 

                (i)      Minimum Value.  Any Injured Person who has submitted an approved claim under a Compensable Disease category and has submitted a Trust Claim form to the Trust with all required documentation as outlined in the Trust Distribution Plan and herein, will receive a minimum of 10% of the Average Value of the claim for that disease in the controlling jurisdiction. 

                 (ii)     Maximum Value.  Any Injured Person who has submitted an approved claim under a Compensable Disease category and has submitted a Trust Claim form to the Trust with all required documentation as outlined in the Trust Distribution Plan and herein, will receive a maximum of four times the Average Value of the claim for that disease in the controlling jurisdiction, unless it qualifies as an Extraordinary Claim as defined in Section IX of the Matrix. 

b.                  Medical Diagnoses.  Any diagnosis of pulmonary asbestosis shall be made by a (i) a Pathologist, who personally reviewed the Injured Person’s pathology, or (ii) an Internist, Pulmonologist or Occupational Medicine Physician who actually examined the Injured Person.  These findings will be contained in a detailed narrative written report of the examination.  All medical diagnoses in the Matrix are required to be made by Board-Certified physicians in appropriate specialties to a level of reasonable medical probability.  Specifically, medical reports that only come to a conclusion that findings are “consistent with” asbestos-related disease will not, standing alone, be sufficient to establish compliance with the medical criteria in the Matrix.  Medical experts who are not Board-Certified but who meet equivalent medical experience and expertise requirements may be approved by the Trust with the consent of the Trust Advisory Committee (“TAC”) and Futures Representative upon application by a Claimant. 

c.                   Record Review Exception.  Notwithstanding subsection (b) above, in the event that the Trust determines upon adequate showing under penalty of perjury that good cause exists to excuse either (1) personal review of Injured Person’s pathology by a Pathologist; and/or (2) actual examination of the Injured Person by an Internist, Pulmonologist or Occupational Medicine Physician, the Trust in its exercise of discretion may permit those medical professionals to submit their diagnosis of pulmonary asbestosis on the basis of a review of the Injured Person’s medical records (“Record Review Claim”), provided however, the Maximum Value for any such claim shall be the limit set in Section VIII for Individual Review.  Examples of record review claims would be wrongful death actions where no pathology exists, or Injured Persons who are in such extremis or other circumstances exist that no such examination is practicable. 

d.                  Claimant’s Burden to Submit Credible Reliable Claim Information.  Information submitted in support of a claim must comply with recognized medical standards (including but not limited to standards regarding equipment, testing methods, and procedures) and/or legal evidentiary and authenticity standards. 

                        (i)            While the Trust will not strictly apply rules of evidence, information provided in support of claims must be reliable and credible so that the Trust and, if needed, ADR neutrals are fully informed regarding the foundations for facts asserted in support of claims. The Trust normally will accept copies instead of authenticated copies of x-ray reports, laboratory tests, medical examinations, other medical records and reviews that otherwise comply with recognized medical and/or legal standards unless circumstances indicate that the copies of the and /or the tests, reports, or review are not authentic or are otherwise unreliable. 

                        (ii)           The Trust normally will accept copies instead of authenticated copies of deposition testimony, invoices, affidavits, business records, deck logs, military service records (including leave records) or other credible indirect or secondary evidence in a form otherwise acceptable to the Trust that establishes an Injured Person’s occupation, occupational history, business or other losses or the Injured Person’s presence at a particular ship, facility, job site, building or buildings or location during a time period in which the asbestos-containing material for which Thorpe is responsible was present, unless circumstances show that the information being submitted is unreliable. 

                        (iii)          Examples of unreliable information include where the circumstances raise questions of authenticity of copies or where persons authoring or verifying facts offered in support of a claim lack direct knowledge of such facts but fail to reveal and describe what facts, and how and from what sources they learned those facts, they relied upon as the basis for their assertion of such facts.   Under these circumstances, the Trust and any ADR neutrals shall apply the rules of evidence to exclude evidence where the witness or verifying party declines to provide such foundational information, e.g., on grounds that the information relied upon is privileged or confidential. 

e.                    Trust’s Right to Require Additional Evidence.  The  Trust  may  require  the  submission  any other evidence to support or verify a Trust claim, including but not limited to additional exposure information, x-rays,  laboratory  tests,  medical examinations or reviews, medical reports, or other medical evidence  all of which must also meet the requirements of Section I (d) above. 

f.                    Conspiracy Theory Claims Prohibited.  Claims based on conspiracy theories that do not involve exposure to asbestos-containing materials installed or removed by Thorpe are not compensable under this Matrix.

VII.  EXPOSURE REQUIREMENTS

a.            Standard Exposure Criteria. Subject to Section 6.2 of the Trust Distribution Procedures, exposure to asbestos-containing material for which Thorpe is responsible can be established by evidence described in Section I(d) and (e) above.  Claimant must demostrate the Injured Party had reasonable proximty to work performed by Thorpe.  The Trust shall have the right to consider all other appropriate evidence of exposure and may establish appropriate alternative exposure criteria after consultation with the TAC and the Futures Representative.  The burden shall be on the Claimant or Injured Person to establish exposure to Thorpe products by credible reliable evidence.

Please see the Second Amendment to and Complete Restatement of Matrix.

Annual Report

Posted 4/30/14

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust’s Eighth Annual Report and Accounting is scheduled for Wednesday, June 4, 2014 at 2:00 p.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.

Update Regarding Submission of Claims

Posted 04/25/14

The Trusts have been working diligently to return to allow approved filers the ability to submit claims electronically. Although we have not yet reached this point, as of Today, April 25, 2014, the Trust itself will be able to upload claims to the claims processing system from CDs received from law firms.

New claims or deficiency responses can now be received either in paper or CD format mailed to the Trust at 300 East Second Street, Suite 1410, Reno, Nevada 89501. The electronic template, as well as the paper claim form, are located on the Trusts’ Websites under the “Claims” tab. Further, firms will need to continue to bookmark and highlight the information relied upon within the supporting documents as set forth in the claim filing instructions on the website.

All paper claims and CD format submissions will be date and time stamped when they are received at the Trusts. The Trusts will continue to maintain a master file separate from the system for each claim received, until the Trusts are back online.

The Trusts will continue to return all deficient claims or offers in paper format. You will receive a Content Deficiency Letter (CD Letter) or Release Authorization Letter (RA Letter) via US mail or other mail carrier. The Trust will not send the entire claim form or supporting documents back to the submitting firm, only the portion deemed relevant to the deficiency will be returned.

In order to cure any deficiency, you may submit a copy of the CD letter and only include the documentation necessary to cure the deficiency either in paper or CD format sent via US mail or other mail carriers. You do not need to resubmit the entire claim package.

The Trust will continue to work towards being able to receive claims in an electronic format.

NOTICE TO BENEFICIARIES AND POTENTIAL BENEFICIARIES OF THE J.T. THORPE SETTLEMENT TRUST, THORPE INSULATION COMPANY ASBESTOS SETTLEMENT TRUST, AND WESTERN ASBESTOS SETTLEMENT TRUST REPRESENTED BY MICHAEL J. MANDELBROT:

Posted 04/16/14

This notice concerns your claim(s) with the above-referenced Trusts (collectively, the “Trusts”), and has been authorized and approved by the United States Bankruptcy Court for the Central District of California.

Under the terms of an agreement between these Trusts and Michael Mandelbrot, and subsequent order of the Bankruptcy Court, Mandelbrot must transfer all claims for which he serves or has served as counsel to a new attorney of record by July 23, 2014.

If you chose to select new counsel to represent you, or to represent yourself in connection with your claim(s) with the Trusts, YOU MUST DO SO BY JULY 23, 2014 OR YOUR CLAIM MAY BE DEEMED WITHDRAWN. THIS MAY DELAY OR ELIMINATE YOUR RIGHTS TO PAYMENTS FROM THE TRUST(S), including initial payments and any further payments from the Trust(s) in the event of an increase in payment percentage/funds received ratio, and MAY REQUIRE ADDITIONAL FILING FEES in the event you elect to re-submit your claim following withdrawal.

YOU ARE ADVISED TO CONSULT WITH COUNSEL REGARDING THIS NOTICE.

For additional information regarding this notice, and the background giving rise to this dispute, please see the Bankruptcy Court’s Findings of Fact and Conclusions of Law, Order Following Trial, and Judgment, which have been posted on each of the Trusts’ Web sites.

Notice

Posted 03/14/14

As you are aware, the Trusts are having work done on their systems, which may continue for several weeks. Until further notice, all new claims or deficiency responses must be submitted by mail in paper form to the Trusts at 300 East Second Street, Suite 1410, Reno, Nevada 89501. Claims or deficiency responses that are submitted electronically (e.g. on a CD or other storage media) will not be accepted and will be returned to the sender. The reason is, that during this interim period, the Trust will not have the capacity to process claims in an electronic format. The paper claim form is located on the Trusts’ Websites under the “Claims” tab. In addition to the claim form, you will need to submit the required supporting documents, also in paper format. Further, you need to continue to bookmark and highlight the information you are relying upon within the supporting documents as set forth in the claim filing instructions on the website. One way to bookmark paper claims is to circle the information on the specific page and then place a marker or sticky tab on the relevant page. This will allow the Trusts to locate the information in an efficient manner.

All paper claim submissions will be date and time stamped as they are received at the Trusts. The Trusts will create a master file for each claim received and when the Trusts’ claims processing systems are operating, the Trust will reduce all paper submissions to an electronic format and input them into the claim processing systems as they were received.

Until further notice, the Trusts will return all deficient claims in paper format. You will receive a Content Deficiency Letter (CD Letter) via US mail or other mail carrier. The Trusts will continue to use deficiency codes and reviewer notes regarding the reason the claim is deemed deficient. The Trust will not send the entire claim form or supporting documents back to the submitting firm, only the portion deemed relevant to the deficiency will be returned.

In order to cure any deficiency, you may submit a copy of the CD letter and only include the documentation necessary to cure the deficiency in paper format sent via US mail or other mail carriers. You do not need to resubmit the entire claim package. The Trust will date and time stamp the documentation received and will add it to the claim’s master file.

The Trusts will continue to issue offers on valid claims.

Please continue to follow the current procedures and return the original signed release to the Trust via US mail or other mail carriers within the time allowed pursuant to the Trust Distribution Procedures (TDP) Section 6.3. If the Trusts find that the release is deficient, the Trusts will contact you via phone or e-mail and if necessary send a release deficiency letter.

The Trusts are working diligently to minimize the impact of requiring paper format for filing and processing claims on the payment of claims.

Notice

Posted 03/6/14

The Trust has hired a well-known cyber security company who was onsite at the Trusts’ physical location for three days at the end of last week. That company is now working to determine the origin of any incursion which may have happened. Preliminarily it does not appear that any data was altered or removed but final review may take several weeks as the Trusts want to be extraordinarily careful. The Trusts are having twice weekly telephone meetings with the company and hope to have information about when the system will be back up and functioning by the end of next week. In the meantime, the Trusts are working to rebuild a read-only system for the processors. This will enable the processors to look at claims already filed and determine if there are deficiencies or offers that can be sent by mail. By Friday of next week the Trusts will make a decision as to whether they need to temporarily implement a paper system for filing claims. Thank you for your patience.

Notice

Posted 02/21/14

Over last weekend, the Trusts experienced an incursion into their computer systems. When the incursion was discovered, the Trusts’ systems were taken off-line. At the current time, it does not appear that any claimant information was compromised or disclosed. However, the Trusts have retained experts to further evaluate the extent of the incursion. Until the Trusts’ investigation, and any remedial action is completed, the Trusts’ systems will remain off-line. Applicable statute of limitations will be tolled during the period that the Trusts’ systems are off-line, and until alternative filing procedures, if any, are in place. Any questions, should be directed to the Trusts.

Notice

Posted 02/18/14

The claims processing FTP server is down for maintenance. Please check back later for updates.

Notice

Posted 01/31/14

The Declaratory Relief Adversary Proceedings filed by the J.T. Thorpe Settlement Trust and the Thorpe Insulation Settlement Trust regarding the Trusts’ conduct in investigating Michael J. Mandelbrot and the Mandelbrot Law firm, as well as the Trusts’ Motion For Instructions Regarding (1) the Trusts’ Audit Findings Regarding Mandelbrot and (2) the Trusts’ Remedy, have been resolved by stipulation placed on the record in open court on January 23, 2014. A link to a copy of the court’s docket entry is set forth below. Findings of Fact and Conclusions of Law conforming to the stipulation are due to be filed with the court by February 11, 2014, and a tentative hearing date has been set to hear any disputes arising out of finalizing the Findings of Fact and Conclusions of Law on February 18, 2014 at 10:00 a.m. before the Honorable Sheri Bluebond, Courtroom 1475, 255 E. Temple St. 14th Floor, Los Angeles, California 90012. J.T. Thorpe Settlement Trust and the Thorpe Insulation Company Asbestos Settlement Trust vs. Michael J. Mandelbrot and the Mandelbrot Law firm, Case No. 12-ap-02182, United States Bankruptcy Court Central District of California.
PDF of Docket Entry No. 186

Pro-Bono Evaluation Proceedings

Posted 01/14/14

The Trustees, with consent of the Trust Advisory Committee (“TAC”) and Futures Representative (“FR”) suspend the Phase One Pro Bono Evaluation Proceedings (Binding and Non-Binding) effective Tuesday, January 14, 2014.

Claimants who desire to exercise their right to Arbitration under Section 5.9 of the J.T. Thorpe, Inc., A California Corporation/J.T. Thorpe Inc., A Dissolved California Corporation/Thorpe Holding Company, Inc., A California Corporation/Thorpe Technologies, Inc., A California Corporation Asbestos Personal Injury Settlement First Amendment to and Complete Restatement of Trust Distribution Procedures (“TDP”) may do so by providing the Trust’s Administrator with a written request for Arbitration within ninety (90) days of either a claim being rejected by the Trust, or a rejection by the claimant of a Trust offer. Upon receipt of a written request for Arbitration, the Trust within ten (10) days, will send to claimant an Election Form and Agreement for Binding or Non-Binding Arbitration.

If the Trust has already received an Evaluation by Document Election Agreement prior to January 14, 2014, that claim is unaffected.

JT Thorpe Site Lists

Posted 10/01/13

The following is a list of the modifications to the JTTS Land and Ship Lists approved at the September 2013 Trustees' meeting.

1. Date Modification to the JTTS Land Site List:

  • National Lead and Chemical, Salt Lake City – Start Date 11/1/1971 to 1/31/1973

2. Remove from the JTTS Ships List:

  • Marvin – JT Thorpe only worked on the SS Marven which is already on the list.

3. End Date Modification to the JTTS Ships List:

  • Kennebec – end date should be 5/30/1945 – the list currently has the end date as 5/30/1975, but the ship was decommissioned in 1970 and the JT Job Books only show one job in May 1945.

Annual Report

Posted 5/01/13

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust’s Seventh Annual Report and Accounting is scheduled for Wednesday, June 5, 2013 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.

J.T. Thorpe Payment Percentage Review

Posted 02/20/2013

Section 4.2 of the Trust Distribution Procedures requires that the Payment Percentage be reconsidered no less frequently than once every three years. The Payment Percentage was last reviewed on February 18, 2010 (see all reviews and changes in past notices and in Archive notices). On February 7, 2013, the Payment Percentage was again reviewed and it remains at 45%.

Modification to the JTTS Site List

Posted 10/17/2012

The following is a synopsis of the modification to the JTTS Land Site List approved at the September 20, 2012 Trustees' meeting.

Corrections to the JTTS Land Site List:

  • Los Angeles International Airport - corrected site rating to low. 

Modifications to Ship and Site Lists

Posted 5/11/2012

The following modifications to the J.T. Thorpe Ship List were approved at the April 20, 2012 Trustees' meeting:

  • Knudson DE -591; APD -101; LPR -101 – Correct Repair Dates 8/31/1945 –8/01/1946
  • Konstantinos V 1944 – Correct Repair Dates 8/01/31 – 08/01/1962
  • Sierra – Add the ship designation “SS”

The following modification to the J.T. Thorpe Land Based Site List was approved at the April 20, 2012 Trustees' meeting:

  • Kelco Corp – San Diego, CA – Correct Rating to Standard on 01/01/41-12/31/41 Entry

The following additions to the J.T. Thorpe Land Based Site List were approved at the April 20, 2012 Trustees' meeting:

  • Pearl Harbor Naval Shipyard – Honolulu, HI (land-based refractory linings of smoke abatement facilities) – Start Date 3/01/1975 – End Date 3/31/1975 – Low Site Rating
  • Ingalls Shipbuilding Co. Pacagoula, MS (land-based plate heating furnace) – Start Date 10/23/1968 – End Date 10/31/1968 – Low Site Rating
  • Solar Aircraft Company, San Diego, CA (lining for G.E. Elevator Furnace) – Start Date 6/1/1951 – End Date 9/1/1956 – Low Site Rating

Annual Report

Posted 4/27/12

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust's Sixth Annual Report and Accounting is scheduled for Wednesday, June 27, 2012 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California 90012 in Courtroom 1475.

Timing of Requests for Consideration at February 2012 Trustees' Meeting

Posted 11/28/11

Any requests for revisions to Trust policies or procedures, physician certification, modifications to an approved list, and/or TDP/Matrix interpretations or questions to be considered during the February 2012 Trustees' meeting must be received by the Trust on or before Friday, January 6, 2012.

Comments to the Trust

Posted 11/28/11

The Trust welcomes comments from Trust claimants, beneficiaries and law firms that file claims with the Trust. The Trustees invariably will seek the advice of the Trust Advisory Committee and Futures Representative with regard to any comments seeking to modify Trust policies or set priorities on Trust agendas or finances. The Trust recommends that claimants or their attorneys make an effort to discuss those issues either with the Trust Advisory Committee or the Futures Representative, or both, as appropriate, before raising these issues with the Trustees or the Trust staff.

New Documents Posted

Posted 5/2/11

The Sixth Amendment to and Complete Restatement of Trust Agreement and the First Amendment to and Complete Restatement of Matrix have been posted to the Trust Documents portion of the site.

Annual Report Posted

Posted 4/27/11

The 2010 Annual report is now available for download. 

Notice of Hearing

Posted 4/27/11

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust's Fifth Annual Report and Accounting is scheduled for Wednesday, June 29, 2011 at 10:00 a.m. before United States Bankruptcy Court Judge, the Honorable Sheri Bluebond, at the United States Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Los Angeles, California  90012 in Courtroom 1475.

Declarations

Posted 4/5/2011:

Pursuant to Section I(d) of the Matrix, the Trust may require additional information to assure that such evidence provided to the Trust is reliable. Therefore, any claim that is partially supported by a declaration to verify claimant's presence at a site, asbestos exposure, and/or dates of exposure, or any other facts relevant to the claim must meet these requirements:

  • The declaration must be written by a person who is competent to testify to the information stated in the declaration and the person must have direct knowledge of the factual information relevant to the claim.
  • The declaration must provide sufficient background information to explain how the declarant acquired the direct knowledge of factual matters relevant to this claim, to allow the Trust to determine the credibility of the declarant.
  • The declarant's complete home address is to be part of the declaration.
  • The declaration must be in the declarant's own words and not boilerplate wording.
  • The declaration must be accompanied by any documents (i.e. military records, social security records, etc) that the declarant relied upon in drafting his or her declaration.  If no documents were relied upon in drafting the declaration, then the claimant must make a statement that he or she did not rely on any documents for the declaration. If the information was given to the person by someone other than the Injured Person, then the declaration must state who, when, and in what form the information was given.
  • The declaration must be specific to the claim filed.
  • The declaration must be signed under the penalty of perjury.
  • The Trust may interview anyone who signs a declaration in support of a claim submitted to the Trust pursuant to Section I(d) of the Matrix.

Resolution

Posted 03/03/2011:

RESOLVED that the Trustees, in agreement with the TAC and Futures Representative, do hereby amend the J.T. Thorpe Settlement Trust Case Valuation Matrix Section IV (vii) as follows:

vii. Medical Causation. The following adjustments apply to Injured Persons who have different smoking histories and/or medical findings than those described for the base Other Cancer case. In no event can any of the adjustments listed below be combined for an overall causation adjustment in excss of 3.0 OCA.

 

Causation Information

Data

Pathological diagnosis of asbestosis, or occupational levels of asbestos bodies or asbestos fibers in lung tissue 2.0 OCA
Clinical diagnosis of asbestosis (in absence of pathological diagnosis) 1.5 OCA
No radiographic evidence of asbestos exposure and no Increased fiber burden as a marker of asbestos exposure .25 OCA
Lifetime non-smoker 2.0 OCA
1-20 pack-years of smoking 1.2 OCA
Over 80 pack-years of smoking .6 OCA
Diagnosis over 10 years since Injured Person quit smoking 1.2 OCA
Diagnosis over 15 years since Injured Person quit smoking 1.5 OCA

 

Site List Modification

Posted 03/03/2011:

A modification to the J.T. Thorpe Site list was approved at the February 17, 2011 Trustees' meeting. The modification is listed below and the new list has been posted on the Trust Web site. Please review the current list, which includes a modification column for reference purposes.

J.T. Thorpe Ship List:

  • USS BOYD (DD-544) added to the approved ships list. JTTS installed four boilers on this ship in 1942 according to JTTS Job Book Number 3863.

Deficient Claims Policy

Posted 11/22/2010:

The Trust can deem a claim withdrawn after the claim has been deficient and remains in a deficient status for six (6) months. Upon written request and for good cause, the Trust may extend this period for an additional six (6) months. After the extended period, the Trust will deem the claim withdrawn.

The initial six month time period will begin to run on December 1, 2010. If your firm has claims in a deficient status, you have until May 31, 2011 to resubmit the claim curing the deficiencies. You may request in writing an additional six month period for good cause, or withdraw the claim. The claim may be withdrawn and then resubmitted with an additional $250 filing fee. If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.

According to the Trust Distribution Procedures, the existing statute of limitations for the claim will not be affected by the withdrawal, only its place in the FIFO queue. "A claimant may withdraw a Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a place in the FIFO Processing Queue based the date of such subsequent filing." TDP Section 6.3.

Payment Percentage Adjustment to 45%

In November of 2008, the Trustees, with the consent of the TAC and the Futures Representative, (Trust Fiduciaries) temporarily reduced the Payment Percentage from 50 to 40 percent to allow the Trust time to determine whether early, unanticipated claiming patterns were likely to persist and require an adjustment of the Payment Percentage to a level below 50%. The Trust Fiduciaries have completed in depth studies of claiming patterns and have determined that the Payment Percentage should be adjusted to forty-five percent (45%) of the Total Liquidated Value. After necessary updates to the claims processing system and payment procedures have been completed, claims that received forty percent (40%) of the Total Liquidated Value will be paid the additional five percent (5%) in accordance with this change. The Trust is striving to have the payments sent on or before January 31, 2011. The TDP requires periodic review of the Payment Percentage. The Trust Fiduciaries therefore will continue to examine any changes in the volume and composition of claims to determine whether further adjustments should be made.

Verification of Interrogatories by Claimant or Heir

Posted 11/22/2010:

At the November 18, 2010 Trustees’ meeting, the Trustees, with the consent of the Futures Representative and the Trust Advisory Committee (Trust Fiduciaries) adopted a new policy regarding verification of interrogatories.

The policy is as follows:

For all claims filed with the Trust on or after December 1, 2010, the interrogatories must be verified by the claimant or heir. Any claim submitted without verified interrogatories will be returned to the firm with a deficiency letter.

Updated Notice Regarding Medicare Reporting

Posted 11/01/2010:

This will update the Trust's notice posted on October 20, 2009, concerning the 2007 Medicare, Medicaid, and SCHIP Extension Act ("Act") and the required reporting of information to the Centers for Medicare and Medicaid Services ("CMS") regarding payments made to Medicare recipients.  In February 2010, the Trust received updated guidance from CMS indicating that the Trust is not a reporting entity under the Act.  As a result of the updated guidance, the Trust cancelled its registration as a reporting entity.

NOTICE

Posted 05/07/2010:

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust's Fourth Annual Report and Accounting is scheduled for Wednesday, June 30, 2010, at 2:00 p.m. before United States Bankruptcy Judge, Sheri Bluebond, in the U.S. Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Courtroom 1475, Los Angeles, California  90012. View 2009 Annual Report

Consumption Guidelines for Wrongful Death Claims

Posted 04/28/2010:

The Trust documents allow claims to receive the benefit of up to $200,000 (base case) in economic loss without additional documents.  If a wrongful death claim requests economic loss in excess of the $200,000, the report from the economist must take into consideration the lack of consumption by the deceased.  In determining whether a deduction for consumption is appropriate, any claim which qualifies as a "living" claim under the Claims Valuation Matrix shall not be subject to a consumption deduction.  In cases claiming additional economic loss, it is likely the Trust will request additional back-up documents supporting the economist's conclusions.

Reminder Concerning Hold Claims Policy

Posted 03/01/2010:

As you may recall, the Trust implemented the new hold policy in September 2009.  A notice was sent to the firms and it was posted on the Web site on September 14, 2009.  The policy stated that the Trust can deem a claim withdrawn after the claim has been placed on hold and remains in the hold status for over six (6) months. The initial six month time period began running on October 1, 2009, so if your firm had claims on hold as of October 1, 2009, and those claims have remained on hold since that date, you have until April 30, 2010 to resubmit the claim with a complete claim packet (claim form and supporting documents). The Trust will not extend the time period without show of good cause.  The claim may be withdrawn and then resubmitted with an additional $250 filing fee.  If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.

Modifications Approved

Posted 02/24/2010:

Modifications to the J.T. Thorpe Ship List were approved at the February 18, 2010 Trustees' meeting. The modifications are listed below and a new ship list has been posted on the Trust Web site. Please review the current ship list, which includes a modification column for reference purposes.

 

Ship Name Start Date End Date Exposure Modification  Date
AGUILA ARVE-135 10/1/1963 10/31/1963 Standard Added Ship and Date 2/18/2010
AJAX AR-6 1/1/1943 1/31/1943 Standard Added Ship and Date
NOTE: only the year was provided; no month
2/18/2010
ALAN SEEGER 1943 3/1/1947 3/31/1947 Standard Added Date 2/18/2010
ANTIGUA 1931 7/1/1945 7/31/1945 Standard Added Date 2/18/2010
APACHE ATF-67 8/1/1967 8/31/1967 Standard Added Ship and Date 2/18/2010
ARISTIDIS 1943 11/1/1955 11/30/1955 Standard Added Ship and Date 2/18/2010
ARITAS 5/1/1958 5/31/1958 Standard Added Ship and Date 2/18/2010
BENNETT DD-473 5/1/1955 5/31/1955 Standard Added Ship and Date 2/18/2010
BRACKEN APA-64 4/1/1945 4/30/1945 Standard Added Date 2/18/2010
BRAZIL VICTORY 1944 7/1/1967 7/31/1967 Standard Added Ship and Date 2/18/2010
CALIFORNIA BEAR 1954 12/1/1967 12/31/1967 Standard Added Date 2/18/2010
CALIFORNIA BEAR 1954 3/1/1968 3/31/1968 Standard Added Date 2/18/2010
CANADA BEAR 1945 1/1/1967 1/31/1967 Standard Added Date 2/18/2010
CANADA MAIL 1944 9/1/1959 9/30/1959 Standard Added Date 2/18/2010
CECIL G. SELLERS 1944 7/1/1945 7/31/1945 Standard Added Ship and Date 2/18/2010
CHARLES S. JONES 1941 5/1/1947 5/31/1947 Standard Added Date 2/18/2010
CHINA BEAR 1962 3/1/1967 3/31/1967 Standard Added Date 2/18/2010
CHINA BEAR 1962 7/1/1967 7/31/1967 Standard Added Date 2/18/2010
CHINA BEAR 1962 6/1/1970 6/30/1970 Standard Added Date 2/18/2010
CLEARWATER VICTORY 1945 3/1/1967 3/31/1967 Standard Added Ship and Date 2/18/2010
COHOCTON AO-101; T-AO-101 3/1/1955 5/1/1955 Standard Added Ship and Date Range 2/18/2010
COMPETENT AM-316 12/1/1954 12/31/1954 Standard Added Ship and Date 2/18/2010
CONNER DD-582 11/1/1955 11/30/1955 Standard Added Ship and Date 2/18/2010
DAVID W. TAYLOR DD-551 1/1/1952 1/31/1952 Standard Added Ship and Date 2/18/2010
ELLIOT DD-146; DMS-4; AG-104 8/1/1945 8/31/1945 Standard Added Ship and Date 2/18/2010
EPPING FOREST LSD-4 10/1/1958 10/31/1958 Standard Added Ship and Date 2/18/2010
GOSS DE-444 12/1/1954 12/31/1954 Standard Added Date 2/18/2010
GUEST DD-472 9/1/1955 11/1/1955 Standard Added Ship and Date Range 2/18/2010
HAMPTON APA-115 11/1/1944 11/30/1944 Standard Added Ship and Date 2/18/2010
HARRY LEE APA-10; AP-17 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
HEATHER WAGL-331; WLB-331 12/1/1958 12/31/1958 Standard Added Ship and Date 2/18/2010
HECTOR AR-7 1/1/1943 1/31/1943 Standard Added Date
NOTE: only the year was provided; no month
2/18/2010
HONGKONG BEAR 1952 1/1/1967 1/31/1967 Standard Added Date 2/18/2010
HONGKONG BEAR 1952 3/1/1967 3/31/1967 Standard Added Date 2/18/2010
HONGKONG BEAR 1952 9/1/1968 9/30/1968 Standard Added Date 2/18/2010
HONGKONG BEAR 1952 12/1/1965 12/31/1965 Standard Added Date 2/18/2010
JASON ARH-1; AR-8 2/1/1943 02/31/1943 Standard Added Date
NOTE: only the year was provided; no month
2/18/2010
JOSEPH A. HOLMES 1943 11/1/1944 11/30/1944 Standard Added Date 2/18/2010
KASKASKIA AO-27 1/1/1943 1/31/1943 Standard Added Date
NOTE: only the year was provided; no month
2/18/2010
KENNEBEC AO-36 5/1/1954 5/31/1954 Standard Added Ship and Date 2/18/2010
KINZER DE-232; APD-91 8/1/1945 8/31/1945 Standard Added Date 2/18/2010
KLAMATH FALLS 1943 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
KLONDIKE AD-22; AR-22 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
KNAPP DD-643 2/1/1945 2/28/1945 Standard Added Ship and Date 2/18/2010
KOREAN BEAR 1955 8/1/1955 8/31/1955 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 10/1/1946 10/31/1946 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 10/1/1947 10/31/1947 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 5/1/1948 5/31/1948 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 5/1/1950 5/31/1950 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 10/1/1951 10/31/1951 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 5/1/1954 5/31/1954 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 9/1/1954 9/30/1954 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 9/1/1959 9/30/1959 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 10/1/1945 10/31/1945 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 5/1/1949 5/31/1949 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 12/1/1950 12/31/1950 Standard Added Date 2/18/2010
L.P. SAINT CLAIR 1939 5/1/1955 5/31/1955 Standard Added Date 2/18/2010
LCT (6)-1283; YFU-37 2/1/1963 2/28/1963 Standard Added Ship and Date 2/18/2010
LCT-562; YSU-4 3/1/1961 3/31/1961 Standard Added Ship and Date 2/18/2010
LCT-592; YFU-5 10/1/1962 10/31/1962 Standard Added Ship and Date 2/18/2010
LCT-686; YFU-12 8/1/1961 8/31/1961 Standard Added Ship and Date 2/18/2010
LEARY DD-879; DDR-879 4/1/1956 4/30/1956 Standard Added Ship and Date 2/18/2010
LELAND E. THOMAS DE-420 6/1/1954 6/30/1954 Standard Added Date 2/18/2010
LESLIE LB KNOX DE-580 4/1/1954 4/30/1954 Standard Added Ship and Date 2/18/2010
LINFIELD VICTORY 1945 6/1/1967 6/30/1967 Standard Added Ship and Date 2/18/2010
LOMPOC 1945 1/1/1954 1/31/1954 Standard Added Date 2/18/2010
LONGVIEW VICTORY 1945 2/1/1967 2/28/1967 Standard Added Ship and Date 2/18/2010
LUMBERLADY 1919 12/1/1949 12/31/1949 Standard Added Date 2/18/2010
MANNING DE-199 3/1/1955 3/31/1955 Standard Added Ship and Date 2/18/2010
MARSHFIELD VICTORY 1944 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
MARVEN 1944 6/1/1953 6/30/1953 Standard Added Ship and Date 2/18/2010
MARY BALL 1943 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
MERCY AH-8 1/1/1943 1/31/1943 Standard Added Date
NOTE: only the year was provided; no month
2/18/2010
MERCY AH-8 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
MISSION SAN DIEGO 1944 4/1/1945 4/30/1945 Standard Added Date 2/18/2010
MORMACDOVE 1944 12/1/1966 12/31/1966 Standard Added Date 2/18/2010
NAESS SATURN 1956 11/1/1967 11/30/1967 Standard Added Date 2/18/2010
NEW LONDON 1943 1/1/1944 3/1/1944 Standard Added Date Range 2/18/2010
OCEAN CARRIER 1943 11/1/1964 11/30/1964 Standard Added Date 2/18/2010
OLYMPIC GAMES 1948 10/1/1956 10/31/1956 Standard Added Ship and Date 2/18/2010
OREGON BEAR 1952 1/1/1968 1/31/1968 Standard Added Date 2/18/2010
ORION COMET 1953 8/1/1957 8/31/1957 Standard Added Date 2/18/2010
PAMANSET 1943 10/1/1954 10/31/1954 Standard Added Ship and Date 2/18/2010
PASIG AO-91; AW-3 3/1/1951 3/31/1951 Standard Added Date 2/18/2010
PAUL M. GREGG 1941 1/1/1943 1/31/1943 Standard Added Date
NOTE: only the year was provided; no month
2/18/2010
PHILIPPINE BEAR 1962 6/1/1967 6/30/1967 Standard Added Date 2/18/2010
PHILIPPINE BEAR 1962 10/1/1968 10/31/1968 Standard Added Date 2/18/2010
PHILIPPINE TRANSPORT 1944 2/1/1952 2/28/1952 Standard Added Date 2/18/2010
PLUMAS COUNTY LST-1083 7/1/1958 7/31/1958 Standard Added Date 2/18/2010
PONTCHARTRAIN WGB-70; WHEC-70 3/1/1961 3/31/1961 Standard Added Date 2/18/2010
PRESIDENT HARDING 1945 11/1/1964 11/30/1964 Standard Added Date 2/18/2010
PRESIDENT MCKINLEY 1946 3/1/1968 3/31/1968 Standard Added Date& 2/18/2010
R.C. STONER 1943 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
RAPHAEL SEMMES 1942 5/1/1951 5/31/1951 Standard Added Ship and Date 2/18/2010
REDNOUR APD-102; DE-592 8/1/1945 8/31/1945 Standard Added Ship and Date 2/18/2010
ROBERT H. SMITH DD-735; DM-23; MMD-23 11/1/1954 11/30/1954 Standard Added Ship and Date 2/18/2010
SAUGATUCK AO-75; T-AOT-75 4/1/1945 4/30/1945 Standard Added Date 2/18/2010
SEAMAR 1944 4/1/1951 4/30/1951 Standard Added Ship and Date 2/18/2010
SEAMAR 1944 6/1/1959 9/1/1959 Standard Added Ship and Date Range 2/18/2010
SEATRAIN SAVANNAH 1932 1/1/1967 1/31/1967 Standard Added Ship and Date 2/18/2010
SEATRAIN SAVANNAH 1932 4/1/1968 4/30/1968 Standard Added Ship and Date 2/18/2010
SHELBY APA-105 8/1/1945 8/31/1945 Standard Added Ship and Date 2/18/2010
STANVAC HONG KONG 1944 2/1/1949 02/31/1949 Standard Added Date 2/18/2010
STEEL CHEMIST 1943 5/1/1949 5/31/1949 Standard Added Date 2/18/2010
TALISSE 1930 10/1/1944 10/31/1944 Standard Added Date 2/18/2010
TALUGA AO-62; T-AO-62 3/1/1955 5/1/1955 Standard Added Date Range 2/18/2010
THETIS 1959 9/1/1961 9/30/1961 Standard Added Date 2/18/2010
TIOGA COUNTY LST-1158 10/1/1960 10/31/1960 Standard Added Date 2/18/2010
TJISADANE 1931 1/1/1946 1/31/1946 Standard Added Date 2/18/2010
TOSARI 1919 3/1/1944 10/1/1944 Standard Added Date Range 2/18/2010
TULLAHOMA 1944 9/1/1946 9/30/1946 Standard Added Date 2/18/2010
UNADILLA ATA-182 10/1/1954 10/31/1954 Standard Added Ship and Date 2/18/2010
W.B. AYER 1943 10/1/1944 10/31/1944 Standard Added Ship and Date 2/18/2010
WALTER C. WANN DE-412 1/1/1946 1/31/1946 Standard Added Ship and Date 2/18/2010
WEXFORD COUNTY LST-1168 6/1/1959 9/1/1959 Standard Added Date Range 2/18/2010
WILLIAMS DE-372 11/1/1945 11/30/1945 Standard Added Ship and Date 2/18/2010
WINSLOW HOMER 1942 6/1/1945 6/30/1945 Standard Added Ship and Date 2/18/2010
WM SCOTT 2/1/1945 2/28/1945 Standard Added Ship and Date 2/18/2010
WOLVERINE STATE 1945 1/1/1954 1/31/1954 Standard Added Date 2/18/2010
YD-156 10/1/1956 12/1/1956 Standard Added Ship and Date Range 2/18/2010

Notice Regarding Medicare Reporting

Posted 10/20/2009:

In 2007, Congress passed the Medicare, Medicaid, and SCHIP Extension Act ("Act"), which imposes new and significant reporting requirements on certain entities that settle claims with Medicare recipients. In general, the Act requires a reporting entity to provide information to the Centers for Medicare and Medicaid Services ("CMS") regarding payments made to Medicare recipients. These reporting requirements apply to payments made after January 1, 2010. A failure to report results in a penalty to the Trust of $1,000 per day for every claim not reported.

CMS has interpreted the Act to require reporting by a wide variety of settling parties, which include this Trust. Due to the severe penalties associated with a failure to report, and CMS' position as to which entities are required to report, the Trust has registered as a reporting entity.

CMS does not require this Trust to report payments related to a claimant whose exposure to asbestos ended before December 5, 1980. However, there are still many questions about this exposure issue that the Trust will have to resolve before its first reports are filed.

At this time, the Trust is investigating procedural or operational changes that it may have to make in order to gather the information needed for reporting purposes.  It is possible that the Trust will be required to obtain additional information from claimants.  As the Trust works through these issues, it will provide further notice and information to claimants.

THE TRUST WILL BE REPORTING TO CMS ALL PAYMENTS MADE AS OF JANUARY 1, 2010, WITH RESPECT TO CLAIMS THAT THE TRUST REASONABLY BELIEVES SATISFY THE MEDICARE REPORTING REQUIREMENTS BASED UPON AVAILABLE INFORMATION.

Hold Claims Policy

Posted 09/14/2009

The Trust can deem a claim withdrawn after the claim has been placed on hold and remains in hold status for over six (6) months. Upon written request and for good cause, the Trust may extend this period for an additional six (6) months.  After the extended period, the Trust will deem the claim withdrawn.

The initial six month time period will begin running on October 1, 2009.   If your firm has claims on hold, you have until April 30, 2010 to resubmit the claim with a complete claim packet (claim form and supporting documents), request in writing an additional six month period for good cause, or withdraw the claim.  The claim may be withdrawn and then resubmitted with an additional $250 filing fee.  If none of these options are chosen, the Trust will deem the claim withdrawn and notify your firm.

According to the Trust Distribution Procedures, the existing statute of limitations for the claim will not be affected by the withdrawal, only its place in the FIFO queue.  "A claimant may withdraw a Trust Claim at any time upon written notice to the Trust and file another claim subsequently without affecting the status of the claim for statute of limitations purposes, but any such claim filed after withdrawal shall be given a place in the FIFO Processing Queue based the date of such subsequent filing." TDP Section 6.3.

Modification to the J.T. Thorpe Ship List

Posted 09/10/2009

Modifications to the J.T. Thorpe Ship List were approved at the September 10, 2009 Trustees' meeting. The modifications are listed below and a new ship list has been posted on the Trust Web site. Please review the current ship list, which includes a modification column for reference purposes.

SHIP NAME START DATE END DATE EXPOSURE MODIFICATION DATE
BUCHANA 10/1/1972 10/31/1972 Standard Add Ship & Date 9/10/2009
CALIFORNIA BEAR 8/1/1970 8/31/1970 Standard Add Date of Repair 9/10/2009
CALIFORNIA BEAR 11/1/1970 11/30/1970 Standard Add Date of Repair  9/10/2009
CHARLES P 12/21/1968 12/21/1968 Standard Add Ship & Date 9/10/2009
CHEVRON CALIFORNIA 4/1/1975 4/30/1975 Standard Add Date of Repair 9/10/2009
CHINA BEAR 1962 7/1/1969 7/31/1969 Standard Add Date of Repair 9/10/2009
CHINA BEAR 1962 9/12/1969 9/12/1969 Standard Add Date of Repair 9/10/2009
GLACIER 8/1/1974 8/31/1974 Standard Add Ship & Date 9/10/2009
HONG KONG BEAR 1952 3/1/1969 3/31/1969 Standard Add Date of Repair 9/10/2009
HONG KONG BEAR 1952 2/1/1971 2/28/1971 Standard Add Date of Repair 9/10/2009
MEDUSA 4/1/1969 4/30/1969 Standard Add Ship & Date 9/10/2009
MOBILE 7/1/1974 7/31/1974 Standard Add Ship & Date 9/10/2009
OREGON BEAR 7/1/1969 7/31/1969 Standard Add Date of Repair 9/10/2009
OREGON BEAR 6/1/1971 6/30/1971 Standard Add Date of Repair 9/10/2009
OREGON BEAR 4/1/1970 4/30/1970 Standard Add Date of Repair 9/10/2009
PHILLIPINE BEAR 7/1/1968 7/31/1968 Standard Add Date of Repair 9/10/2009
PHILLIPINE BEAR 11/26/1973 11/26/1973 Standard Add Date of Repair 9/10/2009
PRESIDENT GARFIELD 7/1/1973 7/31/1973 Standard Add Date of Repair 9/10/2009
SOUTHERLAND DD-743; DDR - 743 10/1/1976 10/31/1976 Standard Add Date of Repair 9/10/2009
SOUTHERLAND DD-743; DDR - 743 1/1/1977 1/31/1977 Standard Add Date of Repair 9/10/2009
TRANSERIE 10/17/1972 10/17/1972 Standard Add Ship & Date 9/10/2009
WASHINGTON BEAR 2/1/1972 2      

 

Notice

Posted 04/29/2009

PLEASE TAKE NOTICE that a hearing on the motion to approve J.T. Thorpe Settlement Trust's Third Annual Report and Accounting is scheduled for Tuesday, June 9, 2009, at 2:00 p.m. before United States Bankruptcy Judge, Sheri Bluebond, in the U.S. Bankruptcy Court for the Central District of California, Los Angeles Division, located at 255 East Temple Street, Courtroom 1475, Los Angeles, California 90012. View 2008 Annual Report

2009 Inflation

Posted 03/16/2009

Claim payments made in 2009 will be adjusted for inflation, based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The inflation adjustment for claims paid in 2009 is a reduction of .5%, compounded with the inflation factor of 4.3% for 2008. The total compounded inflation rate for claims paid in 2009 is 3.78%. The Trust's current payment percentage is 40%.