Statement of Principles concerning adhesive capsulitis of the shoulder No. 7 of 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L00014

 
Statement of Principles
concerning
 
ADHESIVE CAPSULITIS OF THE SHOULDER
No. 7 of 2012
 
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 adhesive capsulitis of the shoulder No. 7 of 2012.
Determination
2.         The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)        revokes Instrument No. 17 of 1999, as amended by Instrument No. 28 of 2002, concerning adhesive capsulitis of the shoulder; and
(b)        determines in their place this Statement of Principles.
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder.
(b)               For the purposes of this Statement of Principles, "adhesive capsulitis of the shoulder" means a clinical disease characterised by shoulder stiffness, severe shoulder pain, and near complete loss of both active and passive forward elevation and external rotation of the glenohumeral and scapulothoracic joints, lasting for at least one month. It is also known as frozen shoulder.  This definition excludes adhesive capsulitis affecting other joints, including the hip and ankle.
(c)                Adhesive capsulitis of the shoulder attracts ICD-10-AM code M75.0.
(d)              In the application of this Statement of Principles, the definition of "adhesive capsulitis of the shoulder" is that given at paragraph 3(b) above.
Basis for determining the factors
4.         The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder with the circumstances of a person’s relevant service is:
(a)                having an injury involving the affected shoulder within the six months before the clinical onset of adhesive capsulitis of the shoulder; or
(b)               having paralysis of the affected shoulder, including cerebrovascular accident with shoulder paralysis, within the one year before the clinical onset of adhesive capsulitis of the shoulder; or
(c)                having diabetes mellitus at the time of the clinical onset of adhesive capsulitis of the shoulder; or
(d)               having a musculoskeletal disorder, as specified, of the affected shoulder within the six months before the clinical onset of adhesive capsulitis of the shoulder; or
(e)                having a malignant neoplasm involving the region of the affected shoulder, including ipsilateral breast cancer and ipsilateral chest wall tumour, within the one year before the clinical onset of adhesive capsulitis of the shoulder; or
(f)                having a malignant neoplasm of the lung within the one year before the clinical onset of adhesive capsulitis of the shoulder; or
(g)               having hyperthyroidism or hypothyroidism at the time of the clinical onset of adhesive capsulitis of the shoulder; or
(h)               having Parkinson’s disease at the time of the clinical onset of adhesive capsulitis of the shoulder; or
(i)                 having highly active antiretroviral therapy for human immunodeficiency virus infection at the time of the clinical onset of adhesive capsulitis of the shoulder; or
(j)                 having immobilisation of the affected shoulder for a continuous period of at least two weeks within the 12 weeks before the clinical onset of adhesive capsulitis of the shoulder; or
(k)               having a myocardial infarction within the 12 weeks before the clinical onset of adhesive capsulitis of the shoulder; or
(l)                 having pulmonary tuberculosis, chronic bronchitis or emphysema at the time of the clinical onset of adhesive capsulitis of the shoulder; or
(m)             having an injury involving the affected shoulder within the six months before the clinical worsening of adhesive capsulitis of the shoulder; or
(n)               having paralysis of the affected shoulder, including cerebrovascular accident with shoulder paralysis, within the one year before the clinical worsening of adhesive capsulitis of the shoulder; or
(o)               having diabetes mellitus at the time of the clinical worsening of adhesive capsulitis of the shoulder; or
(p)               having a musculoskeletal disorder, as specified, of the affected shoulder within the six months before the clinical worsening of adhesive capsulitis of the shoulder; or
(q)               having a malignant neoplasm involving the region of the affected shoulder, including ipsilateral breast cancer and ipsilateral chest wall tumour, within the one year before the clinical worsening of adhesive capsulitis of the shoulder; or
(r)                 having a malignant neoplasm of the lung within the one year before the clinical worsening of adhesive capsulitis of the shoulder; or
(s)                having hyperthyroidism or hypothyroidism at the time of the clinical worsening of adhesive capsulitis of the shoulder; or
(t)                 having Parkinson’s disease at the time of the clinical worsening of adhesive capsulitis of the shoulder; or
(u)               having highly active antiretroviral therapy for human immunodeficiency virus infection at the time of the clinical worsening of adhesive capsulitis of the shoulder; or
(v)               having immobilisation of the affected shoulder for a continuous period of at least two weeks within the 12 weeks before the clinical worsening of adhesive capsulitis of the shoulder; or
(w)             having a myocardial infarction within the 12 weeks before the clinical worsening of adhesive capsulitis of the shoulder; or
(x)               having pulmonary tuberculosis, chronic bronchitis or emphysema at the time of the clinical worsening of adhesive capsulitis of the shoulder; or
(y)               inability to obtain appropriate clinical management for adhesive capsulitis of the shoulder.
Factors that apply only to material contribution or aggravation
7.         Paragraphs 6(m) to 6(y) apply only to material contribution to, or aggravation of, adhesive capsulitis of the shoulder where the person’s adhesive capsulitis of the shoulder 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:
"a musculoskeletal disorder, as specified" means:
(a)             acromioclavicular arthritis;
(b)             biceps tendonitis;
(c)             calcific tendonitis;
(d)            osteoarthritis of the shoulder; or
(e)             rotator cuff tendonitis;
"death from adhesive capsulitis of the shoulder" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s adhesive capsulitis of the shoulder;
"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), Seventh Edition, effective date of 1 July 2010, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 154 5;
"immobilisation of the affected shoulder" means elimination of spontaneous gross movement of the affected shoulder joint. Causes include having the arm held in a sling, by splinting or similar external mode of external fixation, being comatose, being in an intensive care unit or comparable situation of shoulder restraint;
"injury involving the affected shoulder" means a fracture of a bone of the affected shoulder (humerus, scapula or clavicle), penetrating injury to the shoulder joint, internal derangement or dislocation of the shoulder, or partial- or full-thickness tear of the soft tissues of the shoulder joint, including rotator cuff tear, excluding a surgical procedure of the shoulder;
"relevant service" means:
(a)                operational service under the VEA;
(b)                peacekeeping service under the VEA;
(c)                hazardous service under the VEA;
(d)               British nuclear test defence service under the VEA;
(e)                warlike service under the MRCA; or
(f)                 non-warlike 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 120A of the VEA or section 338 of the MRCA applies.
Date of effect
11.       This Instrument takes effect from 11 January 2012.
Dated this   twenty-second   day of   December   2011
The Common Seal of the                    )
Repatriation Medical Authority          )
was affixed to this instrument                        )
in the presence of:                               )
KEN DONALD
CHAIRPERSON
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