Statement of Principles concerning epicondylitis No. 52 of 2004

Overview

The Statement of Principles concerning Epicondylitis was determined in 2004 by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) and applies for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles addresses the issue of epicondylitis, a condition characterised by pain and tenderness in the soft tissue attached to the elbow, and death from epicondylitis, being a terminal event or condition contributed to by the person’s epicondylitis. The determination acknowledges that there is sound medical-scientific evidence indicating a link between epicondylitis and relevant military service, providing a framework for veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA, to claim compensation or rehabilitation benefits if they can demonstrate a connection between their service and the onset or aggravation of epicondylitis. The policy objective of this Statement of Principles is to ensure that veterans and members of the Defence Forces who have developed epicondylitis, or have died from a condition contributed to by epicondylitis, as a result of their service can access appropriate compensation and rehabilitation benefits. This is achieved by setting out specific factors that must be related to the service, such as performing activities involving forceful and repetitive movements of the hand or forearm, or undergoing treatment with certain antibiotics, to establish a reasonable hypothesis linking the condition to the service. The determination also specifies that certain factors apply only in cases where the epicondylitis was suffered or contracted before or during service, but not arising out of the service, thereby addressing material contribution to, or aggravation of, the condition post-service.

Scope and Application

This legislative instrument, F2005B02564, pertains to the determination of a Statement of Principles concerning epicondylitis for the purposes of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have contracted epicondylitis, a condition characterized by pain and tenderness in the soft tissue attached to the elbow, during or as a result of their service. The determination applies to any death from epicondylitis that was contributed to by the condition. This Statement of Principles is applicable to those who have performed activities involving forceful and repetitive movements of the hand or forearm, undergone treatment with fluoroquinolone antibiotics, or were unable to obtain appropriate clinical management for epicondylitis during their relevant service. The definition of "relevant service" encompasses operational, peacekeeping, hazardous, warlike, and non-warlike service, as outlined in the Acts. This legislative instrument does not extend to or restrict any application through subordinate instruments, and no exclusions, exemptions, or thresholds are specified within the text.

Key Provisions

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains specifically to epicondylitis and death from epicondylitis (section 1). The definition of epicondylitis for the purposes of this Statement includes a condition involving pain and tenderness in the soft tissue attached to the elbow, with pain exacerbated by forearm muscle use, and it is classified under ICD-10-AM codes M77.1 or M77.0 (section 2). The Repatriation Medical Authority has established that there is sufficient medical-scientific evidence linking epicondylitis and death from epicondylitis with relevant military service under the VEA or MRCA (section 3). For a connection to be made between epicondylitis or death from epicondylitis and a person's service, at least one of the specified factors must be related to that service (section 4). The key factors that must be considered include performing activities involving forceful and repetitive hand or forearm movements on the affected side for at least one hour per day on more days than not over a period of at least one month immediately before the onset or worsening of epicondylitis, undergoing treatment with fluoroquinolone antibiotics within fourteen days before the clinical onset of epicondylitis, or being unable to obtain appropriate clinical management for epicondylitis (section 5). Additionally, certain factors only apply to material contribution to, or aggravation of, epicondylitis where the condition was suffered or contracted before or during service, but not arising out of the service (section 6). If a relevant factor includes an injury or disease for which there is an existing Statement of Principles, then the factors from that Statement also apply (section 7). Definitions such as "death from epicondylitis," "ICD-10-AM code," "relevant service," and "terminal event" are provided to clarify the scope and application of this Statement of Principles (section 8). Entities and individuals governed by this Statement of Principles are required to adhere to the outlined factors and definitions when assessing claims related to epicondylitis and death from epicondylitis. Claimants must provide evidence that links their condition to their relevant service, in accordance with the specified factors. This includes demonstrating the nature of their service activities, any treatments received, or the inability to obtain appropriate clinical management. The Repatriation Medical Authority will review this evidence to determine if a reasonable hypothesis can be raised connecting the condition to the service. Failure to comply with the requirements or providing false information could result in the denial of claims or other administrative consequences, although this legislation does not explicitly detail specific offences, penalties, or consequences for breach.