Document ID: chunk:federal_register_of_legislation:F2019L00640:reg:9:p1
Version: federal_register_of_legislation:F2019L00640
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 3921–6822

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 dislocation of a joint or subluxation of a joint or death from dislocation of a joint or subluxation of a joint with the circumstances of a person's relevant service:
(1)          having physical trauma to the affected joint at the time of the clinical onset of dislocation of a joint or subluxation of a joint;
            Note: Examples of activities and circumstances involving trauma to the affected joint include, but are not limited to, falls, collisions, lifting weights, push ups, pull ups, throwing objects, seizure and electrical injury.
(2)          having damage to a soft tissue structure as specified at the time of the clinical onset of dislocation of a joint or subluxation of a joint;
Note: soft tissue structure as specified is defined in the Schedule 1 - Dictionary.
(3)          having a fracture, avulsion or bony abnormality involving the articulating surfaces of the affected joint, at the time of the clinical onset of dislocation of a joint or subluxation of a joint;
            Note: Examples of conditions which can cause a bony abnormality include, but are not limited to, osteonecrosis, dysbaric osteonecrosis and femoroacetabular impingement.
(4)          having a disease process as specified affecting the normal structural or functional relationship between the articulating surfaces of the affected joint at the time of the clinical onset of dislocation of a joint or subluxation of a joint;
Note: disease process as specified is defined in the Schedule 1 – Dictionary.
(5)          being pregnant within the six weeks before the clinical onset of dislocation of a joint or subluxation of a joint;
(6)          for dislocation of a temporomandibular joint or subluxation of a temporomandibular joint only, undertaking an activity or undergoing a medical procedure that involves wide opening of the mouth at the time of the clinical onset of dislocation of a joint or subluxation of a joint;
            Note 1: Examples of activities which may involve wide mouth opening include, but are not limited to, yawning, laughing, vomiting, coughing, and chewing large pieces of food.
            Note 2: Examples of medical procedures that involve wide mouth opening include, but are not limited to, dental procedures, direct laryngoscopy, and intravenous administration of medications which cause drug-induced yawning.
(7)          for dislocation of a patellofemoral joint only, being obese at the time of the clinical onset of dislocation of a joint;
Note: being obese is defined in the Schedule 1 - Dictionary.
(8)          for dislocation of a tibiofemoral joint or subluxation of a tibiofemoral joint only, being severely obese at the time of the clinical onset of dislocation of a joint