§ 90.004.Reports Required for Claims Involving Silica- Related Injury

Title 4. Liability in Tort · Chapter 90. Claims Involving Asbestos and Silica · Subchapter A. General Provisions · Last amended 2005 · Last verified August 29, 2026

In one sentenceSection 90.004 sets the report required for a silica claim, with added requirements for silicosis including Class 2 impairment, and a 15-year latency for silica-related lung cancer.

Full Text of § 90.004

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(a)A claimant asserting a silica-related injury must serve on each defendant a report by a physician who is board certified in pulmonary medicine, internal medicine, oncology, pathology, or, with respect to a claim for silicosis, occupational medicine and whose license and certification were not on inactive status at the time the report was made that:

(1)verifies that the physician or a medical professional employed by and under the direct supervision and control of the physician:

(A)performed a physical examination of the exposed person, or if the exposed person is deceased, reviewed available records relating to the exposed person's medical condition;

(B)took a detailed occupational and exposure history from the exposed person or, if the exposed person is deceased, from a person knowledgeable about the alleged exposure or exposures that form the basis of the action; and

(C)took a detailed medical and smoking history that includes a thorough review of the exposed person's past and present medical problems and their most probable cause;

(2)sets out the details of the exposed person's occupational, exposure, medical, and smoking history;

(3)verifies that the exposed person has one or more of the following:

(A)a quality 1 or 2 chest x-ray that has been read by a certified B-reader according to the ILO system of classification as showing:

(i)bilateral predominantly nodular opacities (p, q, or r) occurring primarily in the upper lung fields, with a profusion grading of 1/1 or higher, for an action filed on or after May 1, 2005; or

(ii)bilateral predominantly nodular opacities (p, q, or r) occurring primarily in the upper lung fields, with a profusion grading of 1/0 or higher, for an action filed before May 1, 2005;

(B)pathological demonstration of classic silicotic nodules exceeding one centimeter in diameter as published in "Diseases Associated with Exposure to Silica and Nonfibrous Silicate Minerals," 112 Archives of Pathology and Laboratory Medicine 7 (July 1988);

(C)progressive massive fibrosis radiologically established by large opacities greater than one centimeter in diameter; or

(D)acute silicosis; and

(4)is accompanied by copies of all ILO classifications, pulmonary function tests, including printouts of all data, flow volume loops, and other information demonstrating compliance with the equipment, quality, interpretation, and reporting standards set out in this chapter, lung volume tests, diagnostic imaging of the chest, pathology reports, or other testing reviewed by the physician in reaching the physician's conclusions.

(b)If the claimant is asserting a claim for silicosis, the report required by Subsection (a) must also verify that:

(1)there has been a sufficient latency period for the applicable type of silicosis;

(2)the exposed person has at least Class 2 or higher impairment due to silicosis, according to the American Medical Association Guides to the Evaluation of Permanent Impairment and reported in 20 C.F.R. Part 404, Subpart P, Appendix 1, Part (A), Sections 3.00(E) and (F)(2003); and

(3)the physician has concluded that the exposed person's medical findings and impairment were not more probably the result of causes other than silica exposure revealed by the exposed person's occupational, exposure, medical, and smoking history.

(c)If the claimant is asserting a claim for silica-related lung cancer, the report required by Subsection (a) must also:

(1)include a diagnosis that the exposed person has primary lung cancer and that inhalation of silica was a substantial contributing factor to that cancer; and

(2)verify that at least 15 years have elapsed from the date of the exposed person's first exposure to silica until the date of diagnosis of the exposed person's primary lung cancer.

(d)If the claimant is asserting a claim for any disease other than silicosis and lung cancer alleged to be related to exposure to silica, the report required by Subsection (a) must also verify that the physician has diagnosed the exposed person with a disease other than silicosis or silica-related lung cancer and has concluded that the exposed person's disease is not more probably the result of causes other than silica exposure.

(e)The detailed occupational and exposure history required by Subsection (a)(1)(B) must describe:

(1)the exposed person's principal employments and state whether the exposed person was exposed to airborne contaminants, including silica and other dusts that can cause pulmonary impairment; and

(2)the nature, duration, and frequency of the exposed person's exposure to airborne contaminants, including silica and other dusts that can cause pulmonary impairment.

End

Plain-English Summary

The silica counterpart, structured as one base report plus three claim-specific additions.

The base report comes from a physician board certified in pulmonary medicine, internal medicine, oncology, pathology, or — for a silicosis claim — occupational medicine, and must: verify the physical examination and the detailed occupational, exposure, medical, and smoking histories; set out those details; verify one or more specified findings; and be accompanied by all supporting data.

The qualifying findings are four alternatives: a quality 1 or 2 chest x-ray read by a certified B-reader showing bilateral predominantly nodular opacities (p, q, or r) occurring primarily in the upper lung fields at profusion 1/1 or higher for actions filed on or after May 1, 2005; pathological demonstration of classic silicotic nodules exceeding one centimeter; progressive massive fibrosis established by large opacities greater than one centimeter; or acute silicosis.

The nodular pattern in the upper lung fields is what distinguishes silicosis radiologically from asbestosis, whose criteria call for irregular opacities.

For a silicosis claim the report must also verify a sufficient latency period for the applicable type, at least Class 2 or higher impairment under the AMA guides, and that the findings were not more probably the result of other causes.

For silica-related lung cancer, a diagnosis of primary lung cancer with inhalation of silica a substantial contributing factor, and verification that at least 15 years elapsed from first exposure to diagnosis.

For any other silica-related disease, the report must verify a diagnosis of a disease other than silicosis or silica-related lung cancer.

Frequently Asked Questions

What report is required for a Texas silica claim?

A board certified physician's report verifying examination and detailed histories, setting them out, and verifying one of four findings — qualifying nodular opacities on x-ray, pathological silicotic nodules over one centimeter, progressive massive fibrosis, or acute silicosis.

What extra is needed for silicosis?

A sufficient latency period for the type of silicosis, at least Class 2 impairment under the AMA guides, and a conclusion that the findings were not more probably from other causes.

What about silica-related lung cancer?

A diagnosis of primary lung cancer with silica inhalation a substantial contributing factor, and at least 15 years between first exposure and diagnosis.

How do the x-ray findings differ from asbestos?

Silica calls for nodular opacities primarily in the upper lung fields; asbestos calls for irregular opacities.

Amendment History

Added by Acts 2005, 79th Leg., Ch. 97 (S.B. 15), Sec. 2, eff. September 1, 2005.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source