Skip to main content

filing a meso claim in PA - what docs do they actually want from you

Patient · · 43 views
So I'm in Detroit but my old man worked at a plant outside Harrisburg back in the 80s and we're looking at filing for him. Guy's got stage 1 pleural like me, diagnosed last month. Anyway I've been digging into what you actually need to prove exposure happened and I'm kinda lost on the evidence side.

Like do they want old pay stubs showing he worked there, or medical records, or what. I know I had to get my mesothelioma pathology report and chest scans for the trust fund stuff but I'm wondering if PA has different rules or if the trusts just want the same basic stuff everyone needs.

Also if a guy worked at a place that's been shut down for 20 years, how do you even prove what was in the air back then. That's the part that's got me scratching my head. Anyone dealt with a claim from a defunct plant in PA or anywhere similar.

10 Replies

Family
yeah we went through this with joe's old workplace in florida and honestly the exposure history stuff was way more important than i expected, like they really wanted to know exactly where he worked and what he did day to day. the pathology report and scans are table stakes but they'll dig into work records, witness statements from coworkers if you can find them, anything that connects the dots between the plant and his diagnosis.
Patient
Yeah that's super helpful, thanks. So when you say they wanted the day to day stuff, did they ask Joe to write it all out or did a lawyer help him remember what he actually did there? My old man's memory ain't what it used to be and some of those details from the 80s are kinda fuzzy. And the coworker thing sounds tough, a lot of those guys have scattered over the years or passed. Did you end up finding people willing to talk about it or did the lawyer track them down?
Medical ✓ Expert Response
Angela's point about exposure history is so real, and something I'd add from working with clients on this side of things is that old union records can be genuinely game-changing when the plant itself is gone. One family I worked with in 2019 tracked down their father's union local out of Pittsburgh and the local still had membership cards, grievance filings, even some safety complaint logs from the 70s that named specific products on site. That became part of their documentation package.

On the "what was in the air" question... industrial hygiene expert witnesses are how most claims handle defunct sites. There are experts who reconstruct historical exposure levels using product invoices, building permits, and old OSHA inspection records that still exist in federal archives. Your attorney would coordinate that piece but worth knowing it's a real thing, not a long shot.

Holding both your own diagnosis and your dad's at the same time is a lot. Please don't forget to take care of yourself through this process too.
3 found this helpful
Medical ✓ Expert Response
What you're describing with the defunct plant is actually one of the more common situations I see, and there's more documentation out there than most people expect.

The asbestos trust funds generally want the same core things regardless of state. Pathology confirming the diagnosis, exposure history showing your dad worked at that specific site during the relevant years, and something tying the product to a named company. For a plant that's been closed since the 80s, a lot of families have found old union records, pension documents, or even social security earnings statements that list the employer by name and year. Those SSA records you can request directly and they go back decades.

The "what was in the air" piece is where it gets interesting. Industrial hygiene records from that era are sometimes preserved through OSHA inspection logs, which are public. And honestly some plants had internal safety memos that ended up in litigation discovery years ago and are now part of the public record in certain trust fund cases. An attorney with mesothelioma experience would have access to databases that catalog which companies supplied asbestos products to which facilities, sometimes down to the specific county.

I work with families going through this at our support group on the second Tuesday of every month, and I always say the paper trail feels impossible until someone who does this every day starts pulling threads.

On the emotional side of all this, having both of you diagnosed is a lot to carry. If the stress of the claims process starts feeling like too much, talking to a counselor who specializes in cancer-related anxiety can really help. It doesn't have to wait until things feel critical.
2 found this helpful
Patient
Man, your old man's got good timing with you being through this already. So here's what I learned when we were sorting out my stuff back in February after the EPP.

The trusts want basically three buckets: proof he worked there, proof asbestos was actually at that place, and proof he's got meso. The pathology report and scans are table stakes like you said. But for the work history part, yeah they want pay stubs or W2s if you got em. We had some old check stubs from my brake pad days in the 70s which helped. If your dad's missing those, employment records from the company itself can work, or even coworker statements saying "yeah he was there with us."

The tricky part you're hitting on is the exposure proof when the plant's been dead 20 years. That's where they lean hard on industrial hygiene reports and sometimes depositions from guys who worked there and remember what the conditions were like. If the company got sued back in the day or went through bankruptcy, a lot of that documentation actually exists in the court files already. I had to do some digging but we found stuff about my old shop from the 80s that way.

PA doesn't really change the rules compared to federal trusts, they just want the same documentation package. One thing though - get a meso lawyer involved sooner rather than later if you haven't already. They know which trust is best for your dad's specific plant and what evidence already exists. Saved us probably 6 months of spinning our wheels trying to figure it out ourselves.

Good luck to your old man. Stage 1 is where you want to be.
Family
Hey, I'm so sorry you're dealing with this too. My mom's case is in Arizona so different state obviously, but we just went through a bunch of this stuff and honestly the exposure part was the thing that kept me up at night too.

From what we learned, the trusts want basically everything. Medical records for sure, pathology report, imaging, all that. But the exposure side is where it gets tricky. For your dad they're gonna want work history stuff like pay stubs, W2s, old employment records if you can find them. We had to track down my mom's old supervisor from like 1987 and he actually wrote out a statement about the conditions at her workplace. That helped a lot even though the company shut down years ago.

The thing is, even if the plant is gone, there's usually documentation somewhere. Like product manuals, industry records, union stuff if he was in a union. We found a ton of info through OSHA records and honestly just by calling the state historical society. Sounds random but they had old newspaper articles about the facility. Your dad might remember coworkers too and if you can get even one or two people to say "yeah we worked with asbestos there" that actually carries weight.

I'm juggling teaching and helping my mom with appointments and it's absolutely exhausting so I get why you're stressed about getting the paperwork right. The good news is you don't have to be perfect on the first try. When we submitted stuff we were missing things and they just asked for more. It's not like one shot and you're done.

Have you guys connected with anyone who handles these claims? We found someone who specializes in older cases and they basically knew exactly what to ask for from my mom.
Medical ✓ Expert Response
From the medical side, one thing I haven't seen mentioned yet is getting the pathology report to specifically name the cell type. Epithelioid versus biphasic versus sarcomatoid actually matters to some trust administrators when they're evaluating claims, and I've seen families get delayed because the initial report just said "malignant mesothelioma" without the subtype. The SEER data from NCI shows these distinctions are well-documented enough that most pathologists will add an addendum if you ask. Your father's oncologist can request that from the diagnosing pathologist, usually at no cost.

Also, occupational exposure letters from a pulmonologist who specializes in asbestos-related disease carry real weight. We had a patient at our clinic in January whose trust submission moved significantly faster once we attached a formal letter documenting the latency period (the time between first exposure and diagnosis, which in mesothelioma averages 20 to 50 years) alongside the pathology. It essentially connects the medical dots that the legal documentation can't connect on its own. Talk to your father's oncologist about whether that's something they can provide.
2 found this helpful
Patient
Yeah that's a good catch. My path report actually just said "epithelioid malignant mesothelioma" but I didn't know some trusts cared about that distinction. So when I'm getting my old man's stuff together, I should make sure his report spells out the cell type too, not just "mesothelioma." Did the pathologist's office usually have that info already or did you gotta ask them to dig it up?
Veteran
Filed my VA claim back in November after diagnosis and I'm still in the waiting game, but here's what helped me when I was digging into the exposure stuff. Camp Lejeune asbestos is well documented because of all us vets pushing, but your old man's plant situation is different and honestly you need to think like an investigator. I had to track down old Navy records from the USS Iwo Jima showing where asbestos was used in the engine room, took three months to get those declassified documents, but once I had them the trust didn't need much else because it proved the specific product and the timeline. For a defunct plant the trusts want work history first, then they'll dig into old OSHA reports or union safety records themselves. Your dad just needs to write down what he remembers doing day to day, what building, what equipment he touched, and if he can find any old pay stubs or union cards that's gold. The plant being shut down twenty years doesn't matter much because asbestos exposure claims have gotten better documented over time, plus if it was a manufacturing or industrial site they probably have a paper trail somewhere. Don't overthink proving what was in the air, that's literally what the trust's expert witnesses do. Focus on getting his story straight about where he worked and what he did there.
Medical ✓ Expert Response
Not a legal expert here, obviously, but I've worked with a lot of meso patients going through the trust fund process and can speak to the medical documentation side pretty specifically.

For the pathology piece, the trusts typically want the actual tissue biopsy report confirming malignant mesothelioma, not just a radiology read. The ICD-10 code on the diagnosis matters too, so worth double-checking that whoever filed the initial paperwork used C45.0 (pleural mesothelioma) specifically. I had a patient in early 2023 whose claim got delayed six weeks because the coding said "pleural neoplasm, unspecified" instead.

The exposure proof question is where it gets genuinely complicated for defunct facilities. What I've seen work is a combination of employment records (Social Security earnings statements can actually reconstruct work history going back decades if pay stubs are long gone), union membership records if he was in a trade union, and co-worker affidavits. There's also a whole field called industrial hygiene reconstruction where experts estimate historical asbestos levels based on the type of work done and products known to be used at that site. Mesothelioma Applied Research Foundation has some good resources on this.

For PA specifically, your attorney's office should know whether the plant ever appeared in OSHA inspection records, which are public and go back to the 1970s. Sometimes those inspection files are gold for proving what materials were on site.

Please talk to your oncologist about his current staging and treatment options too, because stage 1 has real surgical considerations that are time-sensitive.
2 found this helpful

Share Your Experience

Sign in or create a free account to share your experience.

Discussions in this community are for informational and emotional support purposes only. They do not constitute legal advice, medical advice, or an attorney-client relationship. Always consult a qualified professional for advice specific to your situation. Community Guidelines

Call Now: (800) 400-1805 Free Case Review • Available 24/7