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BETWEEN ASBESTOSIS AND CLAIMS GENERATED BY LITIGATION
DISPARITIES SILICOSIS
SCREENINGS AND CLINICAL STUDIES Lester Brickman
CONTENTS
514
Introduction
The The
Model
Entrepreneurial
Prevalence
Asbestosis
of Findings
and
of
of Litigation
of Fibrosis of
Diagnoses
518
Screenings
Consistent with Asbestosis
in
Litigation
524
Screenings
Around
Shopping Clinical
II
of Fibrosis
531 533
Studies Studies of Exposed
Clinical
Between
Disparities
the
Workers
538 Studies and
of Clinical
Findings
544
Screenings
Litigation
Understatement
The
530
and Diagnoses
Studies of the Prevalence
Insulator
Ill
of X-Rays
of the Degree
and Locations
of Differing Shapes
Effect
544
of Disparity of Opacities
on X-Ray Readings The
Possibility
Background Clinical
my
in
the
Tort
analyzing
of
Law
appreciation
System the
clinical
at
Benjamin
the
the
and
Between
Cardozo
studies
and
the
Prevalence Clinical
Rates
Cardozo
Yelena Bekker
to
Readers
of Litigation
Screenings
547
of Fibrosis
Prevalence
Disparity Between
The Disparity
Professor
546
Re-readings
Litigation
express
in the
Studies
Clinical
The
544
of Over-Reading of Fibrosis
Plaques
in
558
Settings
School
Law School hospital
of Pleural
of Clinical
Program
550
Results
of
Ms
discharge
Bekker data
Diagnoses
Law
Coordinator
of
Yeshiva of the
was
reviewed
instrumental in
wish
University
Program
this
on in
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article
513
Electronic copy available at: http://ssrn.com/abstract=970993
to
Ethics
and
LAW RE VIEW
CARDOZO
514
and Those Generated
Asbestosis
Causes of
Other
The
Between
Disparity
Asbestosis
Fibrosis
The
Disparity Between
Tests
Administered
Due
Exposure of
Outbreak
Number
the
564
..
of Annual
566
Asbestosis
to
Results
the
in
and
Courts
Primarily
Asbestos
to
560
Screenings
Litigation
Pandemic
the
in the
Filings
Hospitalizations
by
Addition
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of Pulmonary Function
and
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574
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IV
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577
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the
of
Laminack
OQuinn
581
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Predetermined
Screening of
Percentages
As
Records
X-Ray
Positive
Of
Evidence
and
Readings
584
Diagnoses Conclusion
588
Appendix
593
INTRODUCTION
to
opinion
In
mass
exams
some
in
be
to
Litigation
the
1980s
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the
site
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Between
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the
Litigation
screenings
Litigation
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purpose screening
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Theory
Reality
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Theories
REV 33
PEpp such
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2004
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Jack
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qua1if
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use
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For
compensation
and
of
that
reports
television
to
generate
more
For
related
to
involved
Class
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used
first
medical
or indirectly
medical
medical
injury
usually
asbestos-related
Document
Guidance
31
screenings
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thousands
were
screenings
screening
The
and
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263
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her opinion Judge
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543
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747 753 1977 et al Prevalence Analysis see
also
infra notes
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84 and 163
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authors
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lung
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by
disease plaques
Populations
en
See
asbestosis
Masqueraders
1997
Asbestos
Friedman
parenchymal
Their
by
al Computed
1990
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A.C Friedman
obscuration
404
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MED
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In
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from
26
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tbl
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workers
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114
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EPIDEMIOLOGY
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1989
383
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NIOSH
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558
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6345
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abnormalities
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MED
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255
ASBESTOS
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1992
10
1991
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129
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indicating
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see
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1988-1991
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April
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INDUS
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asbestosis in
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and
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finding
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PAThOLOGY
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2d
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note
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129
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PHILLIP
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ROGGLI DONALD DISEASES
and
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Victor
e.g
ASSOCIATED
130
science
pleural
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be prevalent
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literature
plaques
asbestos
and
initial
medical
pleural
disease
of the
pleura
linings
Clinical
fibrosis sometimes referred
pleural
pleural
and
292
of Pleural Plaques
Prevalence
the
Screenings
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REVIEW
indicating
period
B.R of
plaques
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asbestosis
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pending
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Dr Friedman
function
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later
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would have no value
manifested
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Supreme
plaintiffs
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1993133
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Third
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disease.35 Readers
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consistent
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filings
Manville
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findings
55000 times
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278000.136
claims
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readings
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litigation
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readings
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Readers
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pleural
only
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Moreover
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X-ray
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Amchem Prods
Amchem Prods Inc Id
Management 137
accounted
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the vast majority
compensable
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litigation
number
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period.37
diagnose
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identical
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disease
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selected
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to
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and
physicians
to only disease was Inc 878 Supp 716 E.D Pa 1994 3d 610 3d 521 U.S 591 1997 affg 83
Cu
to the
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Chart Corp
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CRMC
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through
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author
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Claims
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CARDOZO LA
560
The Disparity
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and Those Generated by
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pulmonary fibrosis38 Thoracic
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Screenings
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reading
from
flawed
fundamentally
292
Employees
compensation
programs.141
The short
Jack
diagnostic
of the found
detailed
process
requisite that
critical
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138
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139
See supra
infra notes note
140
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ABA REPORT
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142
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Supp 2d 563 623 S.D Tex 2005
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CARDOZO LAW REVIEW
562
292
asbestosis.49
The
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154
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153
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149
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114
powerhouse
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men were chosen Of the abnormality
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lung
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58
age
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parenchymal
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asbestosis
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In the
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New
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results
profusion
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pleural
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148
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CARDOZO LA
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292
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159
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Exposure
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reason
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causes
See supra
evidence
doctors
disease59
radiographic
principal
158
have
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fifteen
Causes of Fibrosis
Koskinen Study
157
whose
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REVIEW
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fibrosis
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37
note
Browne
Disorders
Asbestos-Related
in
OCCUPATIONAL
LUNG DISoRDERS
3d
410
ed 1994
We
160
30
have
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years E.A Gaensler Workers
Asbestos
Exposure
1990
of workers
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Among for
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from
RESOLUTION
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persons
1950-1959 Gaensler Asbestos
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Dr James Crapo ACT OF 2003
Churg
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ON THE 108-118
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72
CHEST
THE FAIRNESS
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1424 IN
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Asbestos-
Gaensler in
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E.A
study
containing
developed
1959
Fibrosis
In
the
during
exposure
695-96
695
and
exposed
Radiographic Disorders
first
Pulmonary
MED 2311992
specialty
confirmed
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Idiopathic
DISEASE
CLINICAL
exposed
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significant
RESPIRATORY
13
study first
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Buildings
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18.0%
AM
144
Exposed
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ASBESTOS
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INJURY
DISPARITIES
2007
of asbestosis
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Marvin Lung
ed
See supra
163
id
In
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tbl
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meet
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648-49
647
between
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results
Diagnosis
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workers
72
more
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In
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See
167
Id
168
Id
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Standards
Mgmt Order Concerning Litig No.VI No MDL 875 E.D Pa July 30
2005 Supp 2d 563 620 S.D Tex 2005 the Comm on the Judiciary 109th
398
Lester
of S.852
Impact
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Issues
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2005 27 CARD0ZO
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epidemic
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at
Analysis
MLsed Dust and
of
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208
Litigation
2005 written Inc who testified
NM
screening
asbestos
Prods
re Silica
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about
hired
asbestosis
up
courts
phenomenon
expenses.213
asbestos
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These
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Brickman
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215
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212
Cong
of
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211
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lawyers
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asbestosis
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and Texas
Mississippi
was
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20000
approximately
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review
cursory
produced
largely
292
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REVIEW
LA
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at
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of
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scouting
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See
id
Feb
563
99.69% silicosis
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of
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Id
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consistent
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of
began
asking
the
companies
287 MDL 1553 398 Harron silica Dr Ray with
MDL
silicosis plaintiffs
however with
to
only
MDL
1807
silicosis
in
x-rays
litigation
every
with
for asbestos
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607-08
at
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2000
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NM
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screenings
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DISPARITIES
2007J
silicosis
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10000
presided
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doctors.217
litigation
undertake
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218
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20 2006
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See
MDL 1553398 See Asbestos
Effect
of Mass
2005 221
theoretically case
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1553
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Silica/Asbestos of
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CARDOZO LAW REVIEW
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629
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finding
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for Production
at
at
diagnoses
of
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pulmonary
times
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he
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alleged
222
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6757
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292
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226
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Dr Ray Harron
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DISPARITIES
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an
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the
and represented
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Pirtle
OQuinn
Pirtle
MDL
silica
group
In
Laminack
were
arguing
of one
claims.229
presented
claims
in the
Quinn Laminack
Laminack
proceeding.228
that
proceedings
Law Firm of
the
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581
claimants
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228
THE
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HEARINGS
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229
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Transcript
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Jack
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DAY
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MDL
radiological
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Subcommittee
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to
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in
SUBCOMM ON
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opined
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AND INVESTIGATIONS
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law firm
affiliated
COMMERCE MEMORANDUM
on
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for
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clients.234
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SCREENING
25 2006
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MASS TORT
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COMM ON ENERGY 109TH AND INVESTIGATIONS
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58 MDL
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Supp 2d 563 S.D Tex Aug 22
398
1553
2005 230
Id
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62-63
23
Id
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64
232
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233 234
Transcript
Two
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229
58-59
staff
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AND INVESTIGATIONS
note
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Aug 31 2005 WALL
of
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asbestosis
silicosis
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228
Aug
at
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31 2005
Subcommittee
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FROM THE
and letter
SUBCOMM ON
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582
In
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claims
asbestos docket.235
were being
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claims
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When
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MDL
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its
firm sponsored
and
asbestosis
for
Harssema238 and shared The Houston
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engage
practice
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the
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2100
Suite
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of
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Mr OQuinn
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From
firm.242
assumed
for
responsibility
to be witness at May 2005 was designated He testified that the OQuinn Firm Hearing on July 26 2006 of retreading old asbestos cases into new silicosis cases in fact
have
and
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financed
managers
of both
440 Louisiana
firm had
OQuinn
had.237
referred
Louisiana at
OQuinn
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440
at
law
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diagnoses
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clients
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292
firm
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237
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238
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240
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241 242
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Harron
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primarily
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impression
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firm including variously
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247
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282
at
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13
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2002
21 2002
21 2002
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246
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240
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77
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gaged
PROCEEDINGS
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to chrysotile
136 persons
to
exposed
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Radiographic
Gaensler
et
al
of
Asbestosis
out Continued
PROCEEDINGS
Progression With
or With-
Exposure OF THE
in
Six
of workers
sets
were
studied
filter
paper
manufacturing
PNEUMOCONIOSES
electrical
at
386
1990
Irregular
14.4%
opacities
sumed
small
preasbesto-
sis
gasket
VIITH INTERNATIONAL
CONFERENCE DHHS NIOSH PUB NO 90-108
254
manufac-
plant
turing
1764
shipyard
insulation
plant
sis
is
that
our impression
asbesto
Among
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first
study
that
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plant
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The authors concluded confirmed
insulation
manufacturing
ers
plant
VIITH INTERNATIONAL PNEUMOCONIOSES 387 GarciaClosas
et
al
Asbestos-Related in Construction
27
AM
1995
INDUS
Diseases Carpenters
MED
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Construction ters
55
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repair average
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for the
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interstitial
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CONFERENCE
or
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Interstitial
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31
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age
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who
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Gitlin
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Comparison
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1992
due
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430
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19.5%
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asbestos
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die
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posure
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mean duration
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Among
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22
retained
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Construction carpenters electricians
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Evaluation
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Results of
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reading
reclassified
having
be
side
X-rays
condition
consistent
with an asbestiform mineral
exposure
using
the
ILO system
struction
Workers Pro-
frame
ceedings
of Ninth
Interna-
plumbers
on
others
tional
Conference
Diseases
Kyoto
opaci
ties
Japan
1997
J.M
Pulmonary
Hughes
Determinant
Weill
rounded
painters
Respiratory
cupational
286-89
Oc-
showed
workers
Induced
Fibrosis
Lung
Population Cement
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as
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in
of Asbestos
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839
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ment plants mean age
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years
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population which
stud
The X-rays were
individuals
presented
of
1969
of
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three
the
PROCEEDINGS
OF THE VIITH INTERNATIONAL PNEUMOCONIOSES
CONFERENCE DHHS NIOSH PUB No 90-108 at Ia-
370
1990
Radiologic Changes
kobsson
et
al
in
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Cement Workers 52 OCCUPATIONAL ENvTL bestos
MED 201995
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collar plant
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on
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36
workers
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The study reported rays 174 of ers
The
ers
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203
workworkin the
review
range 1920-1967 Jankovic Reger
Health
Hazard Evaluation
Report- United
Workers ion
International
NIOSH
MHETA 1989
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Tire the
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workers United
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study
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40
shape
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on
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et al
niosis in
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tory
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pan
166-169
MED 673 K.H
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Interaction
burn
et al
Age and ing
in
and
AM
or
Chest
Insu-
INDUS
Current and
retired
construction
insula-
Cigarette
SmokRadioof
Diffuse
Fibrosis 80
MED
377
1986
Wives
of
had the
been
twenty and
their Interaction
Age ing
and
in
16
18.2%
employed
of Asbestos Cigarette
Producing
SmokRadio-
19
7.06%
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The X-rays were
fibrosis
two
was
or
had
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nary
more
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fibrosis
lung changes
probably
For purposes
review are
being
read independently
of
typical
asbes-
tosis
metic average used
to
by
1986
five
of of
three
unex
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An
exposed
the
interpret
separate
two
insulators
Kilburn
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into
arith
was
physicians
X-rays
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only
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in
to
by
husbands
Insulators
419
73
17.4%
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irregular
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The study uses diffuse fuse
the
e.g 80
fibrosis and
fibrosis
AM
dif
interchangea
MED
lung changes
diffuse pulmonary
asbestosis
terms
pulmonary
interstitial
Typical
377
this
the
bly See
MED
of
posed and two
Pulmonary
of Diffuse Fibrosis 80
of
broken
studies one
graphic Evidence
AM
for this
reevaluation
readers
study was
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at
contact
initial
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for
years
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269
workers
shipyard
asbestos
al
88
shipyard the
workers
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However
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women
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criteria the
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graded
1.35%
aged 50 years or
tors
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used
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health
conducted
study
of subjects
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of
results
in the
4959
were
X-rays was
chest
initial
number
higher
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there
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because
Ja-
of Asbestos
Producing
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In
of
physicians
1991
graphic Evidence
AM
1986
and
by
1997
Construction
20
lators
in
Respira-
Kyoto
reading
initial
agency
Abnormalities
Radiograph
Among
The
performed
Conference
Function
Lung
N/A
Proceedings
on Occupational
Ken-
812.68%
to
Exposure
Mineral Dusts
S.M
3024
workers
dust
Japan
With
Workers
Japanese
Ninth
in
Classification
Occupational
of
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in
Changes for
of
377
asbestosis
fibrosis.
K.H
Ku-
burn
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at
Interaction
and
Age
in
ing
of Asbestos
Smok-
Cigarette
Radio-
Producing
graphic Evidence
Diffuse
Fibrosis 80
Pulmonary
AM
of
MED
1986
377
Male shipyard workers 20 years or more from
260
107
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ties
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mal
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shipyard
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bestosis
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mean age was
408
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1990
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age groups
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OF THE VIITH INTERNATIONAL
CONFERENCE DHHS NIOSH PUB No 90-108
For
71-85
oldest
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had
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been
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Koskinen
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at
Abnormali-
Radiographic ties
Among
struction bestos
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industry
1998
HEALTH
WORK 109
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asbestos
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534
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irregular
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18943
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SCANDINAVIAN
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The
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ployment
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diagnosed of
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total
The
in
disease
asbestosis
was
26 years
duration
average
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screened
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results
read
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calculations
thor
1960
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required
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try and
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or
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commenced
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the
employed
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19
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most
higher and
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positive
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who C..i
0.8%
read
PNEUMOCONIOSES
CONFERENCE DHHS NIOSH PUB NO 90-108 at
S.M l.J likoff
Levin Se-
482
1990
RadiologicalAbnormalities
Custodians
and
York
Asbestos
Exposure
Among Custodians of the New York City Board of 31 ANNALS Education N.Y ACAD Sci 653 1991
City
Education
before
tween
New
66%
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begun
tions
of
Board
of had
work
1965 examina-
were 1985
done
be
and
1987
660
105
16%
Parenchymal changes tent
with
films
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weeks tem by
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first
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quality and using Selikoff
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66%
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Lillis
et
Radiographic in
ties
Active
and
Insulators
bestos
insulators
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Onset of Exposure
and
With
mal and
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INDUS
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30
brosis
MED
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19
1981
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2790
1683
Small
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Relationships
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20
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Effects
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30
at least
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at least
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had
since
years
ence
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pres-
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showed
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Study
contributes
of
severity
that
to the
smok
cigarette
and
prevalence
interstitial
fibrosis
intersti
pulmonary
fibrosis
performed between
cities
and
tial
mdithe
eating
exposure was
irregular
1983
1991 Metadilogkul
Occupational
Asbestosis
All
and
Related
factories
Su-
eases
panachart
posed
Asbestos
Among
Workers
To Asbestos
Ex-
1987
PROCEEDINGS
in
Thailand
Dis-
in the
workers
Ministry of that
used
24
5.2%
34
were
in
plus
OF THE VIITH
The study
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or greater
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or
INTERNATIONAL
normalities
PNEUMOCONIOSES
cases
CONFERENCE DHHS NIOSH PUB NO 90-108
plus
at
331
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31
of
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Thus
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identify
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without
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34 were
possible
had
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abnormality
x-ray
X-rays
of
Function Interstitial
Long-term tors
145
Radiographic
Fibrosis
Asbestos
AM
REV
in
2611
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were defi pneunmoconiosis cases the subject has reading of 1/1 The X-rays were read by two
nite
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ab
consistent
with
1990
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ILO
an
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or greater
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on January who had at yrs
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All
films
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read by Lilis
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RESPIRATORY 263 Miller
DISEASE
to
Asbes-
Among Power Plant Workers 1990 unpub-
tos
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file
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or
subjects
they
all
20
R.L
Muret
al
of
Effects tions
Low
Concentra-
of Asbestos
graphic and Observations
in
285
1271
1971
on
those
was
Mur-
phy Jr
et
al
of
Effects tions
Low
of Asbestos
in
Pipe Coverers 285
and
1271
1971
Myint
Small Airway
Myint
Findings
at the
these
in
plaques
zero
more than was
readings
One
Reader
Reader
40%
45
found
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pleural
5146% subjects
in
plaques
of
two
found
graded
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pleural
and
jects
In
43.56%
X-ray readings study
cal
of
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did
been
that
11
44 had
the
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of
and
employed
sis
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on average for 17.1
21
Per
the
22.34%
the
study
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epidemiologi
years
cal
MED
of
diagnosis
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had
21
with slight
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asbes
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2/3
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and
the
1/0 3/2
The X-rays were
3/3
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1/2
2/1
2/2
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read by
three
readers
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Con-
and
asbestosis
readings
10/0
above did
with
with moderately
asbestosis
with advanced
1none
w/ asbesto
consistent
4consistent
5consistent
tosis
number
by
consistent
ILO system was developed the authors added footnote of how to convert
as-
bestosis
94
not
3questionably
advanced of
coded
2abnormal
bestosis
diagnosis
asbestosis
found
had
Results were
to
epidemiologi-
employed
for
addition
the
mdi-
Shipyard
ENGL
trols
for this
found
opaci-
more than
44
and Epidemiologic
Observations
used
years
Pipefitters
Clinical
Radio-
Environmental graphic
R.T
fJoncentra-
101
studied
exposed
R.L
1/0
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Two
Reader
opacities
The average
films
showed
1/0
1965
years 45
44.55% 30
0% with
by two
interpreted
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Reader and
1.75%
sub-
sequent
ties
more
or
each
average
for 17.4
MED
of
Readers
of
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initial/
irregular
80%
shipyard
November
vidual
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and Con-
ENGL
trols
in
thus
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in the
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Pipe Coverers
30
the
were
Radiographs
asbes-
latency
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Clinical
Radio-
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of
of
tosis
were
1982 worked in in
114 had
years
as-
definite
cases
years
1962 or before the
lim-
who were
to
exposed
more
No
.88%
114
workers
plant
identified
by
bestos
participation
with author
phy Jr
caused
in
1981-1983
Exposure
Benign
Tested
posure
1992
of as-
bestosis
Impairment Screening
of
Asbestos
workers
different
tradessheet
in
639
183 were
29% 1/1
or
The authors refer
to
the
This study included 70 re-
results
could
insulators
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but for
the
use .1
639 Asbestos Exposure
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History
with
of 20
yrs in PROCEEDINGS THE VIITH
OF
metal workers
pipefit-
ters
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insulators
ermakers
ers
PNEUMOCONIOSES
subjects
CONFERENCE DHHS NIOSH PUB No 90-108 at
375
be
to
been
and
oth-
to
of asbesto-
profusion
3/3
20 or
X-
in chest
between
have
for
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INTERNATIONAL
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This study of
section
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X-rays read
the
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identify
1/0
as
Results support of
in
insulator
in the
expo
asbestos
sure
PROCEEDINGS OF THE VILTH
more years.
INTERNATIONA
1990
PNEuM0c0NIO SES
CONFERENCE at
Ohar
et
Patterns
Changing
bestos-Induced
al
ease
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X-ray
greater
consistent
with
the
opacities
tory
of
asbestos
his-
not
did
physician the
identify
smoking of
prevalence
number
The study found
1/0
as
read by
by
with
associated
is
parenchymal
expo
sure
Oksa al
et
Parenchymal Fibrosis
in
21
Workers
MED
561
and
Pleural
Construction
AM
1992
INDUS
Construction of
the
81% to
verified
asbestos
age duration sure
workers
437 studied
was
3.7
exposure the of
437
70
16%
were
1/1
higher
or
Small
irregular
99%
opacities of
the
time and
lung tial
were
cen-
the
the
eluded
of
intersti-
of
40%
those with
lung disease
typical
175
tween
and
parts
readings
in
dominantly low
individuals
had
The study
expo-
tral
and
437
gory
appeared
the
the
16%
pre-
aver-
years
Of
asbes
categories
reader
1/1
did 0/1
in the
in the
not and
0/1-1/0
cate
distinguish 1/0
or greater
The X-rays were
study 70
or higher
of 1/1
and are
be-
only
in
read by one
tos-related
ease
21
INDUS at
R.B et
Reger
al
Cases
of Alleged
Related
Asbestos-
Disease
Ra-
MED
OCCUPATIONAL
MED
564
N/A
read by
three
re-reading
of
X-rays were
as
study
was
had
that
condition
having
been
found
with an
as-
tos-related
mineral
ex-
legal
claims
jury
re-readings
consistent
bestiform
1990
1088
1.82%
439
previ-
designated
ously
32
Re-evaluation
diologic
Tireworkers
dis
AM
posure
had
that
disease for
been
The study
did
the
and
small
not
read not
A.Z
Roe-
Respiratory
skay
et al
bestos-Exposed ers 29 459
Health
AM
As-
in
Ironwork-
INDUS
MED
1996
in
gan
average
length
time
since
al
The
Relation
Among
Pul-
to
Plumbers
monary Function
Chest
welders
Roentgenographic
Abnor-
refrigeration
and
malities Status
Exposed
in
Smoking
an AsbestosCohort
138
AM
ers
irregular
opacities
0.8
the
the
to
spanned
basis
asbes
for filing
in
as
profusions
all
than 0/1
greater
identify
separately greater
must have
inclusion
validity
than
reads
of
is
been
0/1 the
very does
therefore the
readers independently
review evaluated
The lower of the two was The opacities bilateral were
X-rays
6.6% of
the
of
higher and
1/0
or
All
7.5%
half
the
and
upper
pipefitters
and
participants
years
the
oth
681
132
Parenchymal
19.38%
fibrosis
tti
in
7.5% with an ILO reading in 0.9% unilateral
in the
lower lung zones
cases were zones
extended
to
and the
The X-rays were
in
mid
also
1990
mean age
42.1
Two
the
selected
of
steamfitters
the
among was
Small
years
in trade
froml937
et
7.5%
years calendar
years
Rosen-
24.5
from
ranging 51.7
joining
was
38
Michi-
ironworkers
union
stock
547
Asbestos-exposed
their
affect
the
include
Oil
This
asbestos-related
an
total positive
number with
for
positive as
those with readings since
readers
439 X-rays
read by two readers
REV
RESPIRATORY DISEASE 272 1988 Rossiter
U.K
C.E
bestosis
Naval
mean duration trade
As-
Dockyards
Study
Survey
of
the
P.G
Aged 50-59 Yrs 36 BRIT
Sample
Population
MED
INDUS
281
UK
1979
in
who were
59 yrs old
Harries
years
workers
Shipyard the
in the
17.1
was
this
what
called
high expo-
the
3.85% 1/1
N/A
This study
or
of
were
separated
the
rest
did
not
X-rays read
trades
higher
they
from
trades
43
were
study
separated
sure
1117
50-
individuals
or
greater 31
and
exposure
The
laggers
were high exposure
results
39
viduals
High
sprayers
number
the
identify
1/0
as
12
30.8%
regular
graded
at 1/1
1078
mdi-
exposure
2.9% graded
at
1/1
or
greater Naval
Rossiter
Royal
C.E
Asbestosis
et
al
ject
Dockyards
Research
Nine-Year
Study of
Men
Asbestos
in
Follow-Up to
SOcY MED
ROYAL
gers
asbestos
men
and masons
of
U.K
port
about in
253
28
11%
were
lag-
store-
1/1
higher
using
or
Small
irregular radio-
opacities
graphic paren-
This study of
not
did
X-rays read
as
read independently
number
the
identify
each
1/0
X-ray was
readers
by
abnor
chymal
cement small
subgroup
1980
337
mostly sprayers
asbestos
Devonport 73
Dockyard
Pro-
Exposed
workers
Shipyard
malities
Devon workers
worked
one-half
high exposure
trades
Rubin
The
Ringen-
in
Use of Court Experts
Asbestos
F.R.D
bach
35
137
Litigation
1991
Plaintiffs
in asbestos
litigation
claiming
10
The courts
15.38%
perts
asbestos
nonmalignant related
65
illness
ex-
submitted
The court appointed to
perts
diagnoses
of
records
asbestosis
and
Though
did
not
list
X-
ray readings
plied were
review
the
including
read
assuming as
the
that
are
ten
X-rays not
diagnosed
sup-
X-rays
or higher because
1/0
claimants were
medical
re-reading
the X-ray readings
am
ex
medical
ten
plaintiffs
these
with asbesto
sis Saito al
et
Study
On
Associated
Among Shipyard
Asbestos-
Lung
Former
Diseases U.S
Workers
Naval in
Workers Naval
pan 62.1
in the
shipyard median
years
U.S
248
in Ja-
age was
divided
into
232
Small
93.5%
opacities small
irregular
and
nodular
opacities
Very only
high
results
asbestos
are
exposure
function
of
but
welding
also
sandblasting and other dusty ship
repair
and
br
building
work
work
not
in
tz1
PROCEEDINGS OF THE VIITFI INTERNATIONAL
two groups
Therefore
had
chymal
PNEUMOCONIOSES
tion
CONFERENCE DHHS NIOSH PuB No 90-108 at
1990
362
Asbestos-Induced
Schwartz
Fibrosis
et.al
Lung
Function
REV
RESPIRATORY
DISEASE I.J
Selikoff
at
et
Impaired
AM
141
had Group mean job duration of
was
Merchant
tween
States
Seamen
INDUS
MED
47
292
25
of
1211
32.7
17%
Defined
asbes-
pro-
tosis as
of
as
Lilis
fusion
in
of
1/0
ers
in the
dustry
and to
Construction
in the
Canada
Asbestos
ARCHIVES
HEALTH
Work-
sea-
X-rays taken
united
In-
States
Relationship
Sheet-metal
3324
be-
556
Small
16.73%
opacities
and 1987
between
1986
irregular
The onset fore
1939
lung paren-
ied
Of
chyma
started
in the
215
Small
21.2%
radiological
and
1987 employed 35 years
least
ENVTL
duration from asbestos 39.5
in-
X-rays taken
Exposure
301991
1015
workers
construction
dustry
reread by two
was
1949
in the
for at
distinguishing
parenchymal
lation
brosis
onset of
tent
fi-
consis-
with
effects
of asbestos
years
based
Evaluation of
et
al
Occurrence
tosis
Among
of Asbes-
Insulation
Insulation
workers
from
unions
local
1117 in
422
Radiological
37.7%
change
as the
in to
Exposed
the
ILO
1996
which
results
of
that
this
145
to
Work-
Profusion Score
ENVTL MED this
study were
adjusted
with
individuals
included
Re
Radio-
An
references
were
1/0
al
et
Large
Asbestos
OCCUPATIONAL
in the
808
study
0/1
the
to
read
original
study
Of those years
and
0/1
Miller
Two
without
results
of
on
Fibrosis
graphic
1991 The
the
readings
of Spirometric Function
forces
53
had
49.5
individuals
This study presented
However
interstitial
was
ab-
occurred be exposure had almost 11% of those stud-
these
normalities
mean
exposure
opacities
of in
later
ings
Selikoff
10% sam-
other readers
1940 and employment between and only 8.1% had started in 1970
exclude
I.J
corn
or
1990
Sheet-Metal
as
fibrosis
parenchymal
greater
BRIT
Radiological Abnormalities
Among
profusion
paren
interpreted
One reader was used then pie
or Selikoff
was
years
marine
1985
206
mini-
years
Merchant
men
Marine
for
employed
mum
of
development
years
Sheet metal workers
Among
United
42.7
the
fibrosis
pneumoconiosis
years
trade
Radiological
Abnormalities
bined
33.2
1986 average time
1990
321
Asbestotic
Pleural
about
of
about
D.A
and
Group mean job dura-
studied
since
the
who had 40 onset
of
or
exposure
more there
Workers
ACAD
New York
United
in the
132
States
ANNALS
Scis 139
New
and
Jersey study was
1965
ducted
1117
in
1963
of
individuals
18.26%
ied
sole
con-
criteria
evidence
the
bestosis
more
or
since
onset
of
X-ray
those with
the
onset
in
to of
percent
abnormal
were
had 35
years
an abnormal
was
Among as-
pulmonary
stud-
of
of
was
94.2% that
X-ray readings
No ILO
10.4%
used This review
tern
was
pass
sults
of
expo-
X-rays using
the
Read by
Readers
uses
study which
later
since
years
reread
sys
re
the
these
ILO system
sure
Sheers et al
UK
Naval
bestosis
Dockyards
Study
Methods
in the
of Workers bestos
MED Silber-
schmid
et
al
favor
in Rail-
Using
Railway
with exposure
Year
bestos
ILO
1980
in
years sure
yrs
studied
CONFERENCE DHHS NIOSH PUB No 90-108
was
Asbestos
Employed struction
and in
Disease
in
Building
Con-
MED
771
small
as
five
This study
did
number of X-rays read
the
identify
1/0
fibrosis
opacities
175
2112% were
as-
1/1
N/A
This study was
the
higher
operative
view
are
those
ation
of
that the
criteria in
same
in
twice
results
such
are
1981
used
stated
in the
cases
the
populations
and
because
re
reevalu
will
be
used This study did not identify the number of X-rays read as 1/0 The
those
of
done
The 1986
1986
or
rays
were
read by two
readers
72% 60 and
old
and
employed
pipefitin build-
construction
number
27
OCCUPATIONAL
ing
chymal
not
expo-
of
years
Plumbers ters
Pipefitters
mality paren-
mean age
the
between
70 yrs
Related
Plumbers
first
47%
65.1
were
abnor-
related
more than 30
for
PNEUMOCONIOSES
1990
Asbestosor
more
to
32%
for
WITH
381
1/1
higher
more than 40 since
studied
OF THE INTERNATIONAL
3%
in
employees
As-
Exposure-
20
were
exposed
heavily
with
drawn
those
of
674
United
stratified
was
sample
PROCEEDINGS
at
et
INDUS
Chest Radiographs
Classifi cation
N.L
Kingdom
As-
to
1978
Follow-Up
Sprince
Surveillance
BRIT
195
in the
workers
Exposed
35
Male naval dockyard
Radiological
road Employees bestos
As-
of
years
employment was
mean of 24.3
153
12
7.8%
Parenchymal
Seven
abnormality
readings of
defined
1/1
irregular
as
small
opaci-
of
those 1/0
individuals
and
The X-rays were
studied
had readings
had of
read by one
reader
ties
1985
tJ
E.C
Stein
Respiratory
Mar
Plumbers The
shall
Morbidity and
and
PROCEEDINGS
Smoking OF THE
Plumbers
in
union
since
PNEUMOCONIOSES
30.5%
CONFERENCE DHHS NIOSH PUB NO 90-108 at
334
had
years
VIITH INTERNATIONAL
42
12.2%
than
less
of size
Of
or
and
pate
profusion
1/0
Opacities
had
16-25
24%
chymal
had
with asbes-
797
the
individuals
invited
Those
tended
be older
respond
of
to
statethus
living
out
group
represented
to partici
who
343 accepted
not
did
the
.1
and
retired
study .subset
younger.
PROCEEDINGS OF THE VIITH INTERNATIONAL PNEUMOCONIOSES
CONFERENCE
tosis
and
than
less
paren-
possible
26-
or
change
consistent
years
had
latency
years
greater
years
exposure
first
19%
1990
343
about
latency
latency 35
pipefit-
chapter
26.4% 15
and
New York
ters in
Between
Relationship
Asbestos
in
Pipefitters
read by one
at 334 Reader
the
X-rays were
35
yrs
William
Pleuropulmonary
Weiss
Among
Peter
in Relation
Theodos
L.S et
al
Welch
Asbestos
Disease Workers
manufacturing
plants
aged
been
1978
than
The National Worker
Asbestos
Screening Radiologic
Disease
Program Findings
tional
Sheet Metal
nation
Group 25
INDUS
Metal
Sheet
MED
634
Exami-
AM 1994
ited
more
amined
20 years
study
ex-
The average time worked in the
time
of
the
among
over
40
had at
1/0
average sheet
being
yrs
tering
32.8
was
metal worker
years
the
was
since
trade
35 with
those
en
17.3
X-rays graded or
malities
lim-
in
to
all
the
cases
typical
men over 40
and
were
clas-
sensus
ILO
greater
1178
Small
12.3%
Parenchymal
opacities
abnormalities asbestos-related
abnormalities
in
1986
years and
Almost
opaci-
were
in
9605
in the
starting
industry
of
types
read
of
of
years
jointly
X-ray
and
old
abnor were
asbestosis
found
The X-rays
classified
by con-
sification
at least the
The
ties
years
employed
before
20%
irregular
Sheet metal workers first
20
have
for
working 30
98
40 and
43%
42
over
trade
Na-
as-
bestos
Smoking and Type of Exposure 20 OCCUPATIONAL MED 341 to
two
in
Employees
Each
X-ray was
read by one
reader
Crj
A.J
Zitting
Small Lung nd PleuralAb-
hic
Radiograp Opacities normalities
of
Conse-
as
quence
of Asbestos
sure
an Adult
in
Representative Finnish
adult
sample
3601
506
N/A
The X-rays were
14.05%
popu-
lation
Expo-
ENvT
WORK
VIAN
HEALTH
three
limited
to
H.E
Significanc
Small
Studies
of Exposed Populations
STUDY GROUP EXPOSURE
Excluded
OR HIGHER I/O
of
Opa
RIT
13
1976
6166
801
13%
OPACiTY
the
Category review
of
study catego
in
is
unexposed
DETAIL
N/A
The atihors no
had
in the
is
INDUS
not included
because
miners
not included of
and
ing
An Epidem iologic Asbestos-R
elated
Study
of
Chest X-
Chang es to Identify Work Area of High Risk
workers
Shipyard ployed
shipyard
ray
in
dian age
em-
West Coast
in
with of
me-
49 years
3903
515
abnrml
N/A
with clear
was 1/0
massive
markedly thickening
multiple
increased
and
eligible
to
have
as
show
or greater
X-ray were
individuals
include
had read
is
to coal
To be
subject
it
review
exposure
that
either
and
unexposed
silica
the
review
exposed
excluded
intensive
opacities
with
The 515
are
possibly
Those
gory
in the
who
This study
exposure
in the
study
small
coalminers
studied
asbestos
previous X-ray
al
in
Review
for the
et
in this
included
TYPE LANGUAGE USED
in radio-
of Coalminers 33
Coalminers
Irregular
cities
from
dust
Anton-
probably
exposed and
Those
and
di
was
categories
those
in the
because
Culver
readers
group
populations
Amandus
USA MED
the
possibly
cluded
STUDY
graphs
read by two
survey
exposed
ries
470
DETAILS
al
into
are
14 Clinical
et
vided
unlikely
1995
AUTHOR
on
exposed
Population21
SCANDINA
Based
fibrosis or
excluded
in the
first
pleural bilateral
interstitial
cate
plaques pleural
disease
Shipyard
APPLIED
median
Population
HYGEINE
INDUS
13
ployment
em-
first
There
33 me-
was
dian duration
1989
110
at
age
ployment
1/0
sented
em-
of
no
is
way to The
as
bestos
probably
A.C
Asbestos-Related
Friedman
Disease and
et
Comparison
of
CT
269
with
to
150
ROENTGENOLOGY
60
2135%
N/A
on
one
year
of
the
oc-
exposure to 55 of the 60
men
chest
previous
disease
parenchymal
This study diagnosed
related the
were
of
pected
sus-
asthma
exposure
and
or 21
disease
and
without
asbestosis
as
and
pleural
malignancy of
the
19 were
asbestosis
be-
interpreted
with parenchymal
pleural
meso-
having
thelioma
with
nosed
disease
pleural
others
jects
dis
based
selected
X-rays
asbestos
asbestos
no
is
excluded
is
asbestos-related
cupational
included had
There
were
subjects
indicating
as
to
no
ILO categories
This study of 60 cause
exposure
asbestos
at least
1988
of
history
occupational
and
Chest Radiography
AM
Men
Pleural
Asbestosis
related
not
67.3%
the
of
cussion
related related
12% and
exposure
abnormality
are
pre
asbestos
possibly
7.5%
are
asbestos
probably
13.2%
yrs
how many
tell
results
or higher
60
sub-
diag and
asbestosis
had parenchymal disease
pleural
from
lung
cancer
P.G Har-
Radiological
ries et
Exposed val
to
Survey
Asbestos
Dockyards
INDUS
MED
29 274
of in
Men
U.K
Na-
workers
BRIT
ports
1972
the
Naval
dockyards
from
study
results
includes
of
Sheers study enport ports
four
the of
and adds
1966
Daythree
3856
N/A
N/A
This study
is
excluded
because
list
the
it
fibrosis
pulmonary
determination ings lung
of
3856
to
have
sis
of
to
is
based
function
examinations
pears
does
it
ILO scores though does number found with confirmed
not provide
the
be
12
condition the
asbestosis
on
on
this
X-ray and
testing
Based
tested
However
read
clinical
this criteria
0.3% were
found
listed that
equivalent
of
ap
diagno
Ka-
Studies
gamimori al
et
on Changes
in Cate-
Pneumoconiosis
gories
for
X-ray
Classification
Mineral Dusts of
Ninth
4959
67
1.35%
NIA
Japan
These panel the
Proceedings
were on
of
evaluated
by an
excluded
is
the
official
This
pneumoconiosis
study
suits
to
because
higher prevalence
being
used
of
re
mdi
which
re-evaluation
cate
of
part
the
fibrosis
is
review
in the
Con
International
on
ference
in
With Oc-
Exposure
cupational
to
exposed dusts
in
Workers
Japanese
Workers mineral
Occupational
Respiratory Diseases Japan
1997
reproducing
1986
nai
Langlands
Insulation fast
ai
at
Workers
at
Work
MED
in Belin
Morbidity
INDUS
Still
origi
study
J.H.M
et
166-69
Kyoto
Insulators
162
N/A
N/A
Men
cation
BRIT
28
the
1971
217
This study
causes
Liddeil
F.D.K
Radiological et
ai
Fibre
in
Exposure Workers
sotile
Yrs
Changes
at
Chry-
Asbestos aged
60
mine workers years
or
515
136
N/A
26.4%
older
Aged 60-69 Mines 26
ing
Thetford
OCCUPATIONAL HYGIENE 8891982
McMillan G.H.G et
Effects
al
and
tack
to
of
Smoking
Rates
Lesions
Pleural
to
268
Related
Asbestos
Dust 37 BRIT
MED
At-
1980
INDUS
Shipyard the
U.K
workers dockyards
in
1731
N/A
N/A
using
were
did
system
the
ciassifi
from
of this
Campbell
supra because
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proximity
addition
this
not use
to
and were
manufacturing In
sub
the
contain
asbestos
not
in the
subjects
in
products
products
This study
as
subjects
included
using such
excluded
cation
the
excluded
not
products
asbestos
of Pulmonary
Exposure
is
not involved
are
on
were
others
ANNALS
is
This study jects
deaths of
re-evaluated
1982 which
ILO
the
The authors evaluated
of
Some
died
study were
and
not use
did
system
of
miners
review the
ILO
classifi
r1
ERA
Report
Mere-
tos
wether
Dust
et
al
on
of Asbes-
Effects
Dust on
the
HM
Industry
tionery
Office
As-
in the
Suppression
bestos
and
Lungs
Sta-
London
facturing
insulating
materials
from
cally the
UK 1930
manu-
workers
Textile
been
46.6%
Radiological
Of
between
years 84 10 and 230
15
for
and
in
This study was published
363 workers
amined
done
Of
to
133
that
the
showed
had
be-
ex
It
but only 133 had 363 studied 95
definite
an X-ray
is
-a
fibrosis
The data
dust
asbestos
due
1930
was an ILO system
there
fore
26.17%
for
more than 20 years 28 for
diffuse
an X-ray
21
employed
of
fibrosis
practi-
examined
363
had
62
signs
asbestos
pure
133
not
for the
available
19
between
14 years and
for less
than
10
years
L.C et
Oliver
Asbestos-Related
Radio-
graphic Abnormalities
al
Public School
Pearle J.L
N/A
This study examined
for
X-rays only
plaques
pleural
Shipyard
workers
131
N/A
N/A
in the
Exposure
This study cation
not use
did
system
to
ILO
the
describe
its
classifi
results tr1
of Functional
Ab
and Roentgenographic normalities
N/A
1990
Smoking and Duration of Production
120
custodi-
INDUS
629
Asbestos
school
ans
Custodians
TOXICOLOGY
HEALTH
Public
In
in
Shipyard
Workers 24 OCCUPATIONAL
MED
37
1982 Robin al
et
Clinical
Radiological
and
Functional Abnormalities
Among
Workers
bestos-Cement
of an AsFactory
PROCEEDINGS
OF THE VIITH INTERNATIONAL PNEUMOCONIOSES
in
Workers France ing
and
in
factory
fibrocement roofing
nents
in
mainly producpipes
compo-
92
N/A
N/A
This study does the
provide five
PET
persons
monary ral
not present
X-ray readings results
were
fibrosis
thickening
pulmonary
results
of
The study does and
found
states to
have
that
pul pleu
nine with benign
and 57 with
fibrosis
and
associated
nonmalignant
CONFERENCE DHHS NIOSH PUB No 90-108 at
Rubino G.F et al
405
Cessation
Among Miners
Cha nges
After
Miners
Chrysotile
William
Cigarette tos
and
sis
104
In
330
in Italy
imity
SCIS
nor
et
al
Smok ing AsbesFibro-
Pulmonary
Asbestos
textile
mill
100
36
36%
not use to
of 11
Clinical
Studies
STUDY GROUP EXPOSURE
of Radio-
Pneumoconiosis Blue 131
Blue in
of in
an
not in
such
using
prox
products of
asbestos
Un-
ILO
the
of Unexposed
OR HIGHER 1/0
collar
employees
non-industry
1422
0.21%
the
because
it
classification
results
Instead
fibrosis
is
did
system
used
the to
term
charac
results
Populations
OPACITY
DETAIL
TYPE LANGUAGE USED N/A
Read by
Readers
three
independ
ently
jobs
U.S
southern
Popu
Collar
AM REV
RESPIRATORY
et
using
review
this
were
products
excluded
is
the
record
terize
graphic Appearance
lation
from
subjects
manufacturing
pulmonary
1971
exposed
of others
in the
This study
DISEASE
STUDY
684
N/A
workers
AM REV
Prevalence
the
products
DETAILS
Cas-
are excluded
addition
asbestos-containing
Review
tellan
Miners
Asbestos
Chrysotile
RESPIRATORY
R.M
N/A
1979
Weiss
AUTHOR
2137.5%
56
of Exposure
ANNALS N.Y ACAD
223
00
1990
Radiologic
157
changes
pleural
DISEISE
1985
Cordier
Epidemiologic
al
tion
of
Related
Investiga-
Respiratory to
Exposure
Effects
Environmental to
Asbestos
In-
Three
groups
tionally
occupa-
exposed
ronmentally
working
envi-
exposed
in asbestos-
1108
174
15.7%
N/A
For purposes excluded posed
only
subjects
of fibrosis
of this the
because
caused
have
review
occupationally the
ex
prevalence
by working
in build-
side
insulated
insulated
Buildings
ARCHIVES ENVTL.HEALTH
42
at
303
least
no
for
buildings 15
years
known
tional
Alan
Readers and Asbestos
US Navy
Ducatman
Medical
tremely suits
occupa-
as
insulation
ex
is
low The study recorded re an average of two Readers