Document ID: chunk:federal_register_of_legislation:F2023L00917:reg:9:p1
Version: federal_register_of_legislation:F2023L00917
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4993–7985

9               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting thoracolumbar intervertebral disc prolapse or death from thoracolumbar intervertebral disc prolapse with the circumstances of a person's relevant service:
(1)          having trauma to the affected intervertebral disc within the 24 hours before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: trauma to the affected intervertebral disc is defined in the Schedule 1 - Dictionary.
(2)          having a penetrating injury to the affected intervertebral disc or adjacent vertebral body, within the 24 hours before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: penetrating injury to the affected intervertebral disc or adjacent vertebral body is defined in the Schedule 1 - Dictionary.
(3)          physically carrying or lifting loads of at least 10 kilograms, to a cumulative total Load-Factor of at least 150,000 within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: Load-Factor is defined in the Schedule 1 - Dictionary.
(4)          driving a motor vehicle for an average of at least 25 hours per week, for a period of at least 2 years within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: motor vehicle is defined in the Schedule 1 - Dictionary.
(5)          flying in an engine powered aircraft as operational crew, for a cumulative total of at least 2,500 hours within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
(6)          flying in a helicopter as operational aircrew, for a cumulative total of at least 2,500 hours within the 10 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
(7)          having smoked tobacco products in an amount of at least 5 pack-years before the clinical onset of thoracolumbar intervertebral disc prolapse, and if smoking has ceased before the clinical onset of thoracolumbar intervertebral disc prolapse, then that onset occurred within 5 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(8)          having bacterial infection of the affected disc at the time of the clinical onset of thoracolumbar intervertebral disc prolapse;
(9)          being obese for at least 5 years within the 25 years before the clinical onset of thoracolumbar intervertebral disc prolapse;
Note: being obese is defined in the Schedule 1 - Dictionary.
(10)      having trauma to the affected intervertebral disc within the 24 hours before the clinical worsening of thoracolumbar intervertebral disc prolapse;
Note: trauma to the affected intervertebral disc is defined in the Schedule 1 - Dictionary.
(11)      having a penetrating injury to the affected intervertebral disc or adjacent vertebral body, within the 24 hours before the clinical worsening