Statement of Principles concerning epicondylitis No. 53 of 2004 (Cth)

Instrument No. 53 of 2004

Determination

of

Statement of Principles

concerning

EPICONDYLITIS

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA).

Kind of injury, disease or death

1. (a)        This Statement of Principles is about epicondylitis and death from epicondylitis.

   (b)       For the purposes of this Statement of Principles, “epicondylitis ” means a 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 M77.1 or M77.0.

   (d)In the application of this Statement of Principles, the definition of “epicondylitis ” is that given at paragraph 2(b) above.

   Basis for determining the factors

   3.         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

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

   Factors

   5.         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 an activity which involves forceful and repetitive movements of 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 three months immediately 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 an activity which involves forceful and repetitive movements of 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 three months immediately 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

   6.         Paragraphs 5(c) and 5(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

   7.         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

   8.         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), Fourth Edition, effective date of 1 July 2004, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 594 1;

   “relevant service” means:

   (a)       eligible war service (other than operational service) under the VEA; or

   (b)defence service (other than hazardous 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.

   Dated this       sixteenth           day of              December    2004

   The Common Seal of the    )

   Repatriation Medical Authority                   )

   was affixed to this instrument   )

   in the presence of:   )

   KEN DONALD

   CHAIRMAN