Western MacArthur Asbestos Trust

Western MacArthur specialized in manufacturing and distributing construction materials, many of which contained asbestos until the late 1970s. What sets WM apart is that a significant number of its customers were other asbestos companies.

By 2002, their legal liabilities had grown unmanageable, and WM filed for Chapter 11 bankruptcy protection.

The Western MacArthur Asbestos Personal Injury Trust was formed in 2004 and funded with $2 billion to compensate victims exposed to asbestos by WM.

Like most asbestos trust funds, the WM trust only pays a percentage of each claim to ensure enough funds remain for all current and future victims.

The current payment percentage is 51.1%, much higher than most trusts. 

See if you qualify for compensation from the Western MacArthur Asbestos Trust today.

Western MacArthur & Asbestos Exposure

Created through a merger of Western Asbestos and the MacArthur Company in 1967, Western MacArthur became a large manufacturer and distributor of asbestos products.

Both of its parent companies were already involved in the asbestos market. Western Asbestos was a distributor of asbestos products, primarily those made by Johns Manville. Its primary clients were shipyards and shipbuilders.

The MacArthur Company also distributed Johns Manville construction products and began manufacturing its own asbestos products in the 1950s. 

After the merger, the Western MacArthur product line included roofing, insulation, heating materials, air-conditioning parts, and ventilation products. WM also continued to act as a distributor for Johns Manville. 

Western MacArthur added asbestos to their products until the late 1970s, valuing it for its heat, fire, and chemical resistance.

WM’s insulation products were particularly popular and widely used in building and ship construction. Much of this asbestos insulation is still in place in structures nationwide.

Even though the company filed for bankruptcy protection in 2002, it is still one of the nation’s largest manufacturers and suppliers of insulation materials.

It also sells roofing, fire protection, and fiber-reinforced plastic products. There are more than 35 WM locations in the U.S.

Secondary Exposure to Asbestos

Not knowing the risks of asbestos at the time, workers who interacted with Western MacArthur products inadvertently exposed their loved ones to asbestos by bringing asbestos fibers into their homes.

Secondary, or indirect, asbestos exposure is most common in the children and wives of asbestos workers.

Asbestos fibers would cling to clothes, furniture, carpeting, and bedding and were often transferred through contact with workers themselves when returning home.

Women — who washed their husbands’ contaminated work clothes — faced the highest risk of in-home secondary exposure.

Mounting Asbestos Lawsuits Against Western MacArthur

Because of the prevalence of Western MacArthur products, many lawsuits were filed against the company, its predecessors, and associated entities. 

Western MacArthur and their insurance company, USF & G, did their best to settle claims out of court for decades. When they failed, they were taken to court by their victims. Some examples include:

Kaminski vs Western MacArthur Co. (1985)

The wife of a deceased military veteran claimed her husband’s mesothelioma diagnosis was a result of working as a shipbuilder.

Because his interactions while on the job were with Western Asbestos products, the Kaminski family received a judgment in their favor for personal injuries and loss of consortium and were awarded $500,000.

Hughes vs Western MacArthur Company (1987)

The wife of a deceased employee of Western MacArthur (known as Western Asbestos during his employment) filed a wrongful death claim, which was initially denied but was granted upon appeal.

Associated Companies 

Western MacArthur was formed in 1967 by the merger of the Western Asbestos Company and the MacArthur Company.

In addition to manufacturing asbestos products, WM distributed asbestos products made by others, including Johns Manville. Many of their customers were other asbestos companies.

Companies Associated With Western MacArthur:

• Bechtel Corporation (customer)
• Johns Manville (WM distributed their products)
• Kaiser Aluminum (customer)
• Owens Corning (customer)

High-Risk Jobs Associated With Western MacArthur

Western MacArthur was one of the largest manufacturers and distributors of asbestos products in the U.S. They made and sold popular asbestos products — like pipe coverings and insulation — and distributed products made by other asbestos companies, like Johns Manville.

Its wide exposure range has impacted hundreds of occupations and sites across the United States.

Jobs at Highest Risk for Asbestos Exposure

Other At-Risk Jobs

• Boiler operators/technicians
• Coppersmiths
• Electricians
• Estimators
• Foundry workers
• Hostlers
• Insulators
• Longshoremen
• Masonry workers
• Oilers
• Plumbers
• Riggers
• Sales personnel
• Truck drivers
• Warehouse workers

Asbestos Products Used at Western MacArthur

When Western Asbestos merged with the MacArthur Company in 1967, both companies already had a long history with asbestos.

Western MacArthur continued manufacturing and distributing a wide range of asbestos-containing construction materials following the merger. 

WM supplied products for use on land and ships. WM products were used at thousands of sites nationwide. Their products are likely still in place in many buildings today.

Top Asbestos-Containing Products Used at Western MacArthur Include:

• Insulation (pipe and wall)
• Insulation cements: 1-V, 7-V, No. 1, and No. 28
• Fire blankets
• Duct tapes
• Adhesives
• Fireproofing spray
• Joint compounds

The Formation of the Western Asbestos Settlement Trust

The Western MacArthur Asbestos Trust was formed in 2004 with $2 billion set aside to compensate victims harmed by WM or its parent companies, Western Asbestos and the MacArthur Company.

The WM Trust charges a filing fee of $250 per claim. This fee is refunded if the claim is successful, but unsuccessful claimants cannot recover this money.

The trust recognizes eight scheduled conditions as eligible for financial compensation.

Understanding the Different Review Processes

Victims seeking to file a claim against the WM trust must first choose the most suitable review process from the three options offered: matrix, individual, or extraordinary.

The trust generally handles claims on a first-in, first-out (FIFO) basis. If you’re eligible to file, an experienced asbestos attorney can help you choose the appropriate review process for you.

Matrix Review

A matrix review (MR) is the fastest and most straightforward way to receive compensation from the WM trust.

An MR claim must meet all the criteria defined by the Case Valuation Matrix. This review type is best for those with complete documentation who need payment quickly to meet pressing expenses resulting from their diagnosis.

Individual Review

Individual review (IR) is a good option for those who do not meet the criteria for an MR claim or who otherwise want to have their claim more closely and individually evaluated. 

IR review generally takes longer but often — though not always — leads to a higher settlement amount. IR review is suitable for those with less complete or more ambiguous documentation or who want to maximize their potential settlement amount.

Extraordinary Review

Only those whose asbestos exposure was caused primarily by Western MacArthur (80% or more of total exposure) or who have substantial special damages are eligible for extraordinary review (ER). 

A successful ER claim often yields the highest possible settlement value, but those applying must meet a very narrow and stringent set of circumstances.

Exigent Hardship 

Claimants who make a successful exigent hardship claim move to the head of the FIFO claim payment queue.

Claimants making a hardship claim must show:

• A need for immediate financial assistance based on total expenses versus all available sources of income
• A causal connection between their financial situation and their diagnosis of an asbestos-related disease

Western MacArthur Lawsuit Settlement Payouts and Percentages

The WM trust only pays a percentage of each claim’s settlement value to ensure enough funds remain to compensate all current and future claimants.

Western MacArthur Trust settlements vary, and average settlement values are listed and categorized by type of illness, associated brand, and location as the values differ.

Base Case Values represent the initial valuation of a claim, established before considering any specific situational adjustments.

These values are then modified based on several factors, including:

• Age 
• Level of exposure 
• Whether the injured person is living during the claim filing or litigation
• The estimated costs for their medical care and funeral expenses

Western Asbestos Company/Western MacArthur Company

Disease	Western Asbestos Company/Western MacArthur Company [California]
Mesothelioma	$276,479
Lung Cancer	$62,046
Other Cancer	$22,298
Grade 1 Non-Malignancy	$32,121
Grade 2 Non-Malignancy	$18,574

MacArthur Co.

Disease	MacArthur Co. [Minnesota/North Dakota]
Mesothelioma	$148,678/$58,544
Lung Cancer	$41,211/$13,569
Other Cancer	$21,222/$4,894
Grade 1 Non-Malignancy	$30,068/$9,764
Grade 2 Non-Malignancy	$21,875/$8,219

Average settlement values include these adjustments and can be found below:

Disease	Western Asbestos Company/Western MacArthur Company [California]
Mesothelioma	$524,025
Lung Cancer	$199,195
Other Cancer	$75,000
Grade 1 Non-Malignancy	$51,557
Grade 2 Non-Malignancy	$21,816

MacArthur Co. Average Settlement Values

Disease	MacArthur Co. [Minnesota/North Dakota]
Mesothelioma	$316,250/$17,087
Lung Cancer	$137,050/$44,777
Other Cancer	$73,800/$16,894
Grade 1 Non-Malignancy	$57,200/$16,500
Grade 2 Non-Malignancy	$30,150/$12,000

Many victims who receive funds from the Western MacArthur trust are also eligible to make claims against other asbestos trusts. Holding all responsible companies accountable allows victims to receive the maximum compensation possible.

Eligibility Requirements for the Western Asbestos Settlement Trust

To receive a payment from the Western Asbestos Settlement Trust, claimants must first prove their eligibility through strict documentation requirements.

These requirements fall into two primary categories: medical and exposure.

Medical Requirements

The requirements to prove medical eligibility vary depending on which of the eight scheduled conditions the claimant is diagnosed with.

However, there is some overlap, including:

• Diagnosis of one of the covered conditions by a physician or pathologist
• Testing and imaging that supports the diagnosis like:
  • X-ray
  • CAT scan
  • Pleural testing
  • Pathology report
• 10-year latency

Exposure Requirements

Many documents are needed to prove the dates and duration of the exposure. Claimants will also need to prove that they or someone close to them worked in one of the traditional occupations approved by the trust.

Some examples of potential documentation include:

• Adoption records
• Affidavits
• Depositions
• Military records
• Paystubs
• Railroad records
• Social Security records
• Union records or dispatch slips
• Witness statements

Filing a Personal Injury Claim Against Western MacArthur

Filing a claim can be a complex process. To succeed, claimants must navigate complicated legal procedures, produce large amounts of documentation, and meet a strict deadline.

Here are the steps:

1. File a claim form including all required documentation.
   1. Claimants must pay a filing fee of $250.
   2. Claims can be filed by mail or online.
2. Monitor the status of your claim and remedy any deficiencies discovered by the trust.
3. If the claim is successful and you agree with the offered settlement, accept your award.
   1. Claimants have six months to accept a payment offer.
   2. Unsuccessful claimants or claimants seeking a larger award can enter arbitration

Those whose claims are unsuccessful cannot recover the $250 filing fee. The trust usually settles claims with no deficiencies within six to eight weeks.

An experienced asbestos attorney may be able to help streamline the claims process and maximize potential compensation. 

Loved Ones & Family Members 

Often, asbestos victims are too ill to handle the claims process on their own. In many cases, due to the fast-moving nature of asbestos illnesses, victims may pass away before or during filing. 

However, the death of an asbestos victim does not negate the responsibility of asbestos companies to compensate them or their heirs. Family members filing on behalf of a loved one may also seek legal help.

An asbestos attorney can help ease the burden placed on dependants and caregivers already struggling with the mental, emotional, and financial burdens of serious illness, allowing you to keep your focus where it belongs: on healing.

We may be able to help you start the claim filing process today. Reach out to us today to learn more.