Document ID: chunk:federal_register_of_legislation:F2023L00020:reg:9:p1
Version: federal_register_of_legislation:F2023L00020
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 4464–7478

9               Factors that must exist
At least one of the following factors 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:
(1)          performing forceful activities with the hand or forearm on the affected side, in combination with:
(a)          repetitive activities with the hand or forearm on the affected side; or
(b)          sustained activities with the hand or forearm on the affected side;
for at least 1 hour per day, on more days than not, over a period of at least the 3 months before the clinical onset of epicondylitis;
Note: Performing forceful and repetitive or forceful and sustained activities with the hand or forearm can occur as compensation for disability in the contralateral upper limb (including epicondylitis or amputation), or with manual wheelchair use. Activities with the hand or forearm involve bending or straightening of the elbow; rotation, pronation, supination, twisting or screwing motion of the forearm; and flexion, extension or bending of the wrist or hand.
(2)          using a hand-held computer mouse on the affected side for at least 20 hours per week in the 1 year before the clinical onset of epicondylitis;
(3)          taking a fluoroquinolone antibiotic within the 14 days before the clinical onset of epicondylitis;
Note: Examples of fluoroquinolone antibiotics include ciprofloxacin, moxifloxacin, norfloxacin and ofloxacin.
(4)          having spondyloarthritis at the time of the clinical onset of epicondylitis;
Note: spondyloarthritis is defined in the Schedule 1 – Dictionary.
(5)          performing forceful activities with the hand or forearm on the affected side, in combination with:
(a)          repetitive activities with the hand or forearm on the affected side; or
(b)          sustained activities with the hand or forearm on the affected side;
for at least 1 hour per day, on more days than not, over a period of at least the 3 months before the clinical worsening of epicondylitis;
Note: Performing forceful and repetitive or forceful and sustained activities with the hand or forearm can occur as compensation for disability in the contralateral upper limb (including epicondylitis or amputation), or with manual wheelchair use. Activities with the hand or forearm involve bending or straightening of the elbow; rotation, pronation, supination, twisting or screwing motion of the forearm; and flexion, extension or bending of the wrist or hand.
(6)          using a hand-held computer mouse on the affected side for at least 20 hours per week in the 1 year before the clinical worsening of epicondylitis;
(7)          taking a fluoroquinolone antibiotic within the 14 days before the clinical worsening of epicondylitis;
Note: Examples of fluoroquinolone antibiotics include ciprofloxacin, moxifloxacin, norfloxacin and ofloxacin.
(8)          having spondyloarthritis at the time of the clinical worsening