Statement of Principles concerning labral tear No. 94 of 2010 (Cth)
Statement of Principles
concerning
LABRAL TEAR
No. 94 of 2010
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning labral tear No. 94 of 2010.
Determination
This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA).
Kind of injury, disease or death
(a) This Statement of Principles is about labral tear and death from labral tear.
(b)For the purposes of this Statement of Principles, "labral tear" means an injury involving tearing of the fibrocartilaginous rim of the hip or shoulder joint resulting in local pain and tenderness, with or without accompanying symptoms and signs of popping, clicking, catching, instability or reduced range of motion. This definition excludes degenerative tears of the labrum.
Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that labral tear and death from labral tear 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
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
The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting labral tear or death from labral tear with the circumstances of a person’s relevant service is:
(a)having a significant physical force applied to or through the affected shoulder joint or the affected hip joint at the time of the clinical onset of labral tear; or
(b)for labral tear of the shoulder joint only, performing forceful and repetitive throwing motions or forceful and repetitive overhead motions of the arm of the affected side for at least eight hours per week for the one month before the clinical onset of labral tear; or
(c)inability to obtain appropriate clinical management for labral tear.
Factors that apply only to material contribution or aggravation
Paragraph 6(c) applies only to material contribution to, or aggravation of, labral tear where the person’s labral tear was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
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
For the purposes of this Statement of Principles:
"death from labral tear" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s labral tear;
"relevant service" means:
(a)operational service under the VEA;
(b)peacekeeping service under the VEA;
(c)hazardous service under the VEA;
(d)warlike service under the MRCA; or
(e)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.
Date of effect
This Instrument takes effect from 10 November 2010.
Dated this twenty-seventh day of October 2010
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRPERSON
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