Statement of Principles concerning epicondylitis No. 8 of 2015

Link to law: https://www.comlaw.gov.au/Details/F2014L01786

 
Statement of Principles
concerning
 
EPICONDYLITIS
No. 8 of 2015
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
1.         This Instrument may be cited as Statement of Principles concerning epicondylitis No. 8 of 2015.
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 53 of 2004 concerning epicondylitis; and
(b)        determines in its place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about epicondylitis and death from epicondylitis.
(b)               For the purposes of this Statement of Principles, "epicondylitis" means an acquired condition characterised by pain and tenderness in the soft tissue attached to the medial or lateral epicondyle of the elbow, with exacerbation of pain by use of the muscles of the forearm.
(c)                Epicondylitis attracts ICD-10-AM code M77.0 or M77.1.
(d)       In the application of this Statement of Principles, the definition of "epicondylitis" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that epicondylitis and death from epicondylitis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
6.         The factor that must exist before it can be said that, on the balance of probabilities, epicondylitis or death from epicondylitis is connected with the circumstances of a person’s relevant service is:
(a)               performing forceful and repetitive activities with the hand or forearm on the affected side for at least one hour per day, on more days than not, over a period of at least the three months before the clinical onset of epicondylitis; or
(b)               undergoing treatment with fluoroquinolone antibiotics within the seven days before the clinical onset of epicondylitis; or
(c)                performing forceful and repetitive activities with the hand or forearm on the affected side for at least one hour per day, on more days than not, over a period of at least the three months before the clinical worsening of epicondylitis; or
(d)               inability to obtain appropriate clinical management for epicondylitis.
Factors that apply only to material contribution or aggravation
7.         Paragraphs 6(c) to 6(d) apply only to material contribution to, or aggravation of, epicondylitis where the person’s epicondylitis was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
8.                  In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Other definitions
9.                  For the purposes of this Statement of Principles:
"death from epicondylitis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s epicondylitis;
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Eighth Edition, effective date of 1 July 2013, copyrighted by the Independent Hospital Pricing Authority, and having ISBN 978-1-74128-213-9;
"relevant service" means:
(a)        eligible war service (other than operational service) under the VEA;
(b)        defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c)        peacetime service under the MRCA;
"terminal event" means the proximate or ultimate cause of death and includes:
(a)                pneumonia;
(b)               respiratory failure;
(c)                cardiac arrest;
(d)               circulatory failure; or
(e)                cessation of brain function.
Application
10.       This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
Date of effect
11.       This Instrument takes effect from 27 January 2015.
Dated this   nineteenth   day of   December   2014
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed at the direction of:          )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON
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