{"data":{"id":"us-ok/okla.-stat.-tit.-76-76-92","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 76, § 76-92","heading":"Definitions","body":"DEFINITIONS. As used in the Asbestos and Silica Claims\n\nPriorities Act:\n\n1. \"Asbestos\" means all minerals defined as \"asbestos\" in 29\n\nCFR 1910, as and if amended;\n\n2. \"Asbestos claim\" means any claim for damages or other civil\n\nor equitable relief presented in a civil action, arising out of,\n\nbased on, or related to the health effects of exposure to asbestos,\n\nincluding loss of consortium and any other derivative claim made by\n\nor on behalf of any exposed person or any representative, spouse,\n\nparent, child, or other relative of any exposed person;\n\n3. \"Asbestos-related injury\" means personal injury or death\n\nallegedly caused, in whole or in part, by inhalation or ingestion of\n\nasbestos;\n\n4. \"Asbestosis\" means bilateral interstitial fibrosis of the\n\nlungs caused by inhalation of asbestos fibers;\n\n5. \"Certified B-reader\" means a person who has successfully\n\ncompleted the x-ray interpretation course sponsored by the National\n\nInstitute for Occupational Safety and Health (NIOSH) and passed the\n\nB-reader certification examination for x-ray interpretation and\n\nwhose NIOSH certification is current at the time of any readings\n\nrequired by this chapter;\n\n6. \"Chest x-ray\" means chest films that are taken in accordance\n\nwith accepted medical standards in effect at the time the x-ray was\n\ntaken;\n\n7. \"Claimant\" means an exposed person and any person who is\n\nseeking recovery of damages for or arising from the injury or death\n\nof an exposed person;\n\n8. \"Defendant\" means a person against whom a claim arising from\n\nan asbestos-related injury or a silica-related injury is made;\n\n9. \"Exposed person\" means a person who is alleged to have\n\nsuffered an asbestos-related injury or a silica-related injury;\n\n10. \"FEV1\" means forced expiratory volume in the first second,\n\nwhich is the maximal volume of air expelled in one second during\n\nperformance of simple spirometric tests;\n\n11. \"FVC\" means forced vital capacity, which is the maximal\n\nvolume of air expired with maximum effort from a position of full\n\ninspiration;\n\n12. \"ILO system of classification\" means the radiological\n\nrating system of the International Labor Office in \"Guidelines for\n\nthe Use of ILO International Classification of Radiographs of\n\nPneumoconioses\", 2000 edition, as amended from time to time by the\n\nInternational Labor Office;\n\n13. \"Mesothelioma\" means a rare form of cancer allegedly caused\n\nin some instances by exposure to asbestos in which the cancer\n\ninvades cells in the membrane lining of the:\n\na. lungs and chest cavity (the pleural region),\n\nb. abdominal cavity (the peritoneal region), or\n\nc. heart (the pericardial region);\n\n14. \"Nonmalignant asbestos-related injury\" means an asbestos-\n\nrelated injury other than mesothelioma or other asbestos-related\n\nmalignancy;\n\n15. \"Physician board-certified in internal medicine\" means a\n\nphysician who is certified by the American Board of Internal\n\nMedicine or corresponding board for doctors of osteopathy;\n\n16. \"Physician board-certified in occupational medicine\" means\n\na physician who is certified in the subspecialty of occupational\n\nmedicine by the American Board of Preventive Medicine or\n\ncorresponding board for doctors of osteopathy;\n\n17. \"Physician board-certified in oncology\" means a physician\n\nwho is certified in the subspecialty of medical oncology by the\n\nAmerican Board of Internal Medicine or corresponding board for\n\ndoctors of osteopathy;\n\n18. \"Physician board-certified in pathology\" means a physician\n\nwho holds primary certification in anatomic pathology or clinical\n\npathology from the American Board of Pathology or corresponding\n\nboard for doctors of osteopathy and whose professional practice:\n\na. is principally in the field of pathology, and\n\nb. involves regular evaluation of pathology materials\n\nobtained from surgical or postmortem specimens;\n\n19. \"Physician board-certified in pulmonary medicine\" means a\nmary certification in anatomic pathology or clinical\n\npathology from the American Board of Pathology or corresponding\n\nboard for doctors of osteopathy and whose professional practice:\n\na. is principally in the field of pathology, and\n\nb. involves regular evaluation of pathology materials\n\nobtained from surgical or postmortem specimens;\n\n19. \"Physician board-certified in pulmonary medicine\" means a\n\nphysician who is certified in the subspecialty of pulmonary medicine\n\nby the American Board of Internal Medicine or corresponding board\n\nfor doctors of osteopathy;\n\n20. \"Physician board-certified in radiology\" means a physician\n\nwho is certified by the American Board of Radiology or corresponding\n\nboard for doctors of osteopathy;\n\n21. \"Plethysmography\" means the test for determining lung\n\nvolume, also known as \"body plethysmography\", in which the subject\n\nof the test is enclosed in a chamber that is equipped to measure\n\npressure, flow, or volume change;\n\n22. \"Predicted lower limit of normal\" for any test means the\n\nfifth percentile of healthy populations based on age, height, and\n\ngender, as referenced in the AMA Guides to the Evaluation of\n\nPermanent Impairment (5th Edition) (dated November 2000);\n\n23. \"Pulmonary function testing\" means spirometry and lung\n\nvolume testing performed in accordance with Section 5 of this act\n\nusing equipment, methods of calibration, and techniques that\n\nmaterially comply with:\n\na. the criteria incorporated in the American Medical\n\nAssociation Guides to the Evaluation of Permanent\n\nImpairment and reported in 20 C.F.R. Part 404, Subpart\n\nP, Appendix 1, Part (A), Sections 3.00(E) and\n\n(F)(2003), as amended from time to time by the\n\nAmerican Medical Association, and\n\nb. the interpretative standards in the Official Statement\n\nof the American Thoracic Society entitled \"Lung\n\nFunction Testing: Selection of Reference Values and\n\nInterpretative Strategies\", as published in 144\n\nAmerican Review of Respiratory Disease 1202-1218\n\n(1991), as amended from time to time by the American\n\nThoracic Society;\n\n24. \"Radiological evidence\" of asbestosis or pleural thickening\n\nmeans a chest x-ray evaluated by a certified B-reader, a\n\nradiologist, a physician board-certified in pulmonary medicine,\n\noccupational medicine, internal medicine, oncology, or pathology\n\nusing the ILO System of classification. The chest x-ray shall be a\n\nquality 1 x-ray according to that ILO System, although if the\n\ncertified B-reader, board-certified pulmonologist, or board-\n\ncertified radiologist confirms that a quality 2 x-ray film is of\n\nsufficient quality to render an accurate reading under the ILO\n\nSystem of classification and no quality 1 x-ray films are available,\n\nthen the necessary radiologic findings may be made with the quality\n\n2 x-ray film which is the subject of the confirmation above. Also,\n\nin a death case where no pathology is available, the necessary\n\nradiologic findings may be made with a quality 2 x-ray film if a\n\nquality 1 x-ray film is not available;\n\n25. \"Report\" means a report required by Sections 6 or 7 of this\n\nact;\n\n26. \"Respirable\" with respect to silica, means particles that\n\nare less than ten (10) microns in diameter;\n\n27. \"Serve\" means to serve notice on a party in compliance with\n\nthe Oklahoma Rules of Civil Procedure;\n\n28. \"Silica\" means a naturally occurring, respirable form of\n\ncrystalline silicon dioxide, including quartz, cristobalite, and\n\ntridymite;\n\n29. \"Silica claim\" means any claim for damages or other civil\n\nor equitable relief presented in a civil action, arising out of,\n\nbased on, or related to the health effects of exposure to silica,\n\nincluding loss of consortium and any other derivative claim made by\n\nor on behalf of any exposed person or any representative, spouse,\n\nparent, child, or other relative of any exposed person;\n\n30. \"Silica-related injury\" means personal injury or death\n\nallegedly caused, in whole or in part, by inhalation of silica; and\ning out of,\n\nbased on, or related to the health effects of exposure to silica,\n\nincluding loss of consortium and any other derivative claim made by\n\nor on behalf of any exposed person or any representative, spouse,\n\nparent, child, or other relative of any exposed person;\n\n30. \"Silica-related injury\" means personal injury or death\n\nallegedly caused, in whole or in part, by inhalation of silica; and\n\n31. \"Silicosis\" means fibrosis of the lungs caused by\n\ninhalation of silica, including:\n\na. acute silicosis, which may occur after exposure to\n\nvery high levels of silica within a period of months\n\nto five (5) years after the initial exposure,\n\nb. accelerated silicosis, and\n\nc. chronic silicosis.","path":["OK Code","Title 76"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os76.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"040be9ec95bf36601e26ab1d96ca3854f4af0e83a980132002d727f222572324","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-76-76-91","next":"us-ok/okla.-stat.-tit.-76-76-93"},"notice":"GroundRules: Original legal text. Not legal advice."}