Document ID: chunk:federal_register_of_legislation:F2020C00425:reg:8:p1
Version: federal_register_of_legislation:F2020C00425
Segment Type: reg
Provision Reference: reg 8 (pt 1/4)
Character Range: 5499–8364

8               Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, ulnar neuropathy at the elbow or death from ulnar neuropathy at the elbow is connected with the circumstances of a person's relevant service:
(1)          having a fracture of the bones of the affected elbow, including fracture of the medial epicondyle of the humerus, before the clinical onset of ulnar neuropathy at the elbow;
(2)          having trauma to the affected elbow within the one year before the clinical onset of ulnar neuropathy at the elbow;
Note: trauma to the affected elbow is defined in the Schedule 1 - Dictionary.
(3)          performing repetitive and forceful activities involving flexion and extension of the affected elbow:
(a)          for a cumulative period of at least 90 hours, within a continuous period of three months before the clinical onset of ulnar neuropathy at the elbow; and
(b)          where the repetitive and forceful activities have not ceased more than 30 days before the clinical onset of ulnar neuropathy at the elbow;
Note: Examples of repetitive and forceful activities include lifting, moving or carrying a load greater than ten kilograms, using hand saws or using large, hand-held power machinery, climbing vertical ladders, ammunitioning, using a hand-held piece of equipment such as a jackhammer or shovel, and overhead throwing.
(4)          having a surgical procedure under general anaesthesia, within the one month before the clinical onset of ulnar neuropathy at the elbow;
(5)          having a surgical procedure to the affected elbow, including elbow arthroscopy, within the six months before the clinical onset of ulnar neuropathy at the elbow;
(6)          being hospitalised, or confined to bed in a supine position, for at least two days within the two weeks before the clinical onset of ulnar neuropathy at the elbow;
(7)          daily self-propulsion of a manual wheelchair:
(a)          for a cumulative period of at least 60 hours within a continuous period of three months before the clinical onset of ulnar neuropathy at the elbow; and
(b)          where this activity has not ceased more than 30 days before the clinical onset of ulnar neuropathy at the elbow;
(8)          having paraplegia at the time of the clinical onset of ulnar neuropathy at the elbow;
(9)          using elbow or forearm crutches:
(a)          for a cumulative period of at least 60 hours within a continuous period of three months before the clinical onset of ulnar neuropathy at the elbow; and
(b)          where this activity has not ceased more than 30 days before the clinical onset of ulnar neuropathy at the elbow;
(10)      having an inflammatory or degenerative joint disease from the specified list of specified list of inflammatory and degenerative joint