Statement of Principles concerning adhesive capsulitis of the shoulder No. 18 of 1999 (Cth)

Case

Statement of Principles

concerning

ADHESIVE CAPSULITIS OF THE SHOULDER

Instrument No. 18 of 1999 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 25 November 2005
taking into account Amendment of Statement of Principles concerning ADHESIVE CAPSULITIS OF THE SHOULDER (Instrument No. 29 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

ADHESIVE CAPSULITIS OF THE SHOULDER

ICD-9-CM CODE: 726.0

Veterans’ Entitlements Act 1986

  1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

(a)       revokes Instrument No.70 of 1996; and

(b)       determines in its place the following Statement of Principles.

Kind of injury, disease or death

  1. (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 inflammation of the joint capsule resulting in adhesions between the joint capsule and the peripheral articular cartilage of the shoulder with obliteration of the subdeltoid bursa and contracture of the joint capsule, attracting ICD-9-CM code 726.0.

Basis for determining the factors

  1. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service rendered by veterans or members of the Forces.

Factors that must be related to service

  1. Subject to clause 6, the factors set out in at least one of the paragraphs in clause 5 must be related to any relevant service rendered by the person.

Factors

  1. The factors that must exist before it can be said that, on the balance of probabilities, adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder is connected with the circumstances of a person’s relevant service are:

(a)       suffering trauma to the affected shoulder within the six months immediately before the clinical onset of adhesive capsulitis of the shoulder; or

(b)       suffering quadriplegia or hemiplegia involving the affected side, or monoplegia involving the affected shoulder, within the 12 months immediately before the clinical onset of adhesive capsulitis of the shoulder; or

(c)       suffering from diabetes mellitus at the time of the clinical onset of adhesive capsulitis of the shoulder; or

(d)       suffering trauma to the affected shoulder within the six months immediately before the clinical worsening of adhesive capsulitis of the shoulder; or

(e)       suffering quadriplegia or hemiplegia involving the affected side, or monoplegia involving the affected shoulder, within the 12 months immediately before the clinical worsening of adhesive capsulitis of the shoulder; or

(f)        suffering from diabetes mellitus at the time of the clinical worsening of adhesive capsulitis of the shoulder; or

(g)       inability to obtain appropriate clinical management for adhesive capsulitis of the shoulder.

Factors that apply only to material contribution or aggravation

  1. Paragraphs 5(d) to 5(g) 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; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

Inclusion of Statements of Principles

  1. 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.

Other definitions

  1. For the purposes of this Statement of Principles:

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;

“hemiplegia” means paralysis of one side of the body;

“ICD-9-CM code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

“monoplegia” means paralysis of one of the limbs of the body;

“quadriplegia” means paralysis of all four limbs of the body;

“relevant service” means:

(a)  eligible war service (other than operational service); or

(b)  defence service (other than hazardous service);

“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;

trauma to the affected shoulder” means a discrete injury to the shoulder that causes the development within 24 hours of the injury being sustained, of acute symptoms and signs of pain, and tenderness, and either altered mobility or range of movement of the shoulder joint.  These acute symptoms and signs must last for a period of at least three days following their onset; save for where medical intervention for the trauma to the shoulder has occurred, where that medical intervention involves either:

(a)immobilisation of the shoulder joint or upper limb by splinting, sling or similar external agents; or

(b)injection of corticosteroids or local anaestethics into that joint; or

(c)aspiration of that shoulder joint; or

(d)surgery to that shoulder joint.

Application

  1. This Instrument applies to all matters to which section 120B of the Act applies.

Notes to Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 18 of 1999)

The Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 18 of 1999) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 18 of 1999)

27 January 1999

(see Gazette 1999, No. GN4)

27 January 1999
Amendment of Statement of Principles concerning adhesive capsulitis of the shoulder (Instrument No. 29 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Paragraph 8 – ‘diabetes mellitus’............................. rep. Instrument  No.29 of 2002
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